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re: Maine joins unConstitutional National Popular Vote states

Posted on 4/17/24 at 11:57 am to
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/17/24 at 11:57 am to
quote:

quote:

I don't know if it violates the Constitution because states have a lot of leeway in how they appoint their electors.
Not enough leeway to send their electors based on how other states voted
OK
quote:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Please show us that limiting language in the Constitution,
quote:

Send electors based on how the citizens of a SINGLE state voted
Read carefully here. The Constitution does NOT mandate that EC delegates by selected by a vote or election. The state legislature could pick ANY means it wants for assigning its Electors, including lottery, rolling dice or throwing darts at a wall. Louisiana could pass a law saying "our Electors must vote however the Texas Electors vote."

FTR, I don't LIKE the "National Popular Vote" movement/statutes, but I acknowledge that it IS a clever attempt to bypass both the EC and the Interstate Compact provisions of the Constitution.
This post was edited on 4/17/24 at 1:21 pm
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
28022 posts
Posted on 4/17/24 at 1:24 pm to
quote:

Read carefully here. The Constitution does NOT mandate that EC delegates by selected by a vote or election

perhaps you missed this part
quote:

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

This isnt the COUNTING of the electors, this is in specific reference to the said choosing of electors. And it specifically says they will choose by votes, and its mandated to do so on the same day

Which then calls into question the ability to mail in ballots, or vote early in presidential elections
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