Some colleagues, Raskin said, suggested he was overthinking the prospect for Republican misdeeds, saying, “There’s the constitutional law professor again, you know, lost in the nooks and crannies of the Constitution.”
12th Amendment arcana
As Raskin delved deeper, he realized that Democrats were vulnerable to one potential Trump move in particular: the triggering of a “contingent election” in the House of Representatives.
Under the 12th Amendment, if no candidate musters a majority of the Electoral College to Congress on the appointed day, the House must immediately vote to choose the new president. But there’s a catch. Instead of a simple majority of House lawmakers, a majority of House picks the winner. All the representatives from each state vote on that state’s choice for president, and then each state casts one vote.
That put Democrats at a disadvantage, because before the 2020 election, Republicans controlled 26 states to Democrats’ 22 (two others were tied). But if Democrats could flip at least one Republican-held delegation, they would deny the G.O.P. a majority.
So Raskin sought to change the balance of power via the upcoming election. First, he identified nearly two dozen Democratic candidates who would be crucial to either defending or flipping House delegations. Then, he steered money toward them through a group he named “Twelfth Amendment Defenders Fund.”
Back then, educating donors about such a hypothetical scenario proved to be quite an endeavor. “I had to engage in a mini-constitutional seminar with everybody we were asking for money,” Raskin said.
He ultimately raised nearly half a million dollars. Each of his candidates ended up getting around $20,000 from the fund — welcome help, but hardly a flood of cash.