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re: Maine joins unConstitutional National Popular Vote states

Posted on 4/18/24 at 9:26 am to
Posted by cyarrr
Prairieville
Member since Jun 2017
3370 posts
Posted on 4/18/24 at 9:26 am to
quote:

Whereby their electors go to the Presidential candidate with the most popular votes....


Compact was introduced in 2006.

Several states have enacted into law but I don't believe it has ever been implemented.

Does it require approval by congress prior to utilization?

Is there an expectation that it will be used in the upcoming election?

This will result in a constitutional crisis.

Posted by Indefatigable
Member since Jan 2019
26576 posts
Posted on 4/18/24 at 9:30 am to
quote:

Does it require approval by congress prior to utilization?

SCOTUS is going to have to decide that if they ever get enough states to sign on.
quote:

Is there an expectation that it will be used in the upcoming election?
It doesn't go into effect until the states participating account for 270 electoral votes. It is at 209 EV's currently, and just glancing at the map of which states have signed on, they have pretty much hit a wall. I'd put the odds at about 0.00% that it could be used this year.

I also do not see the 'purple' states like MI, WI, PA, VA joining in--there is too much Republican representation in those state governments for this to pass.
Maine did surprise me, though.

ETA: It looks like it has also cleared NV's legislature (which would bring the total to 215), but because it amends the State Constitution, it has to be approved by the next NV legislature (in 2025) and pass a public referendum.
This post was edited on 4/18/24 at 9:49 am
Posted by OzonaOkapi
Patrolling the Edwards Plateau
Member since Apr 2024
400 posts
Posted on 4/18/24 at 9:31 am to
quote:

Several states have enacted into law but I don't believe it has ever been implemented.

it has been enacted by a number of states, but they have a total of less than 270 electoral votes. It does not open “go into effect“ until it is enacted by that many states.

Does it require approval by congress prior to utilization?

by its own terms, no, but there is an argument that the constitution would require such approval.

Is there an expectation that it will be used in the upcoming election?

no. See the first point.
This post was edited on 4/18/24 at 9:51 am
Posted by Indefatigable
Member since Jan 2019
26576 posts
Posted on 4/18/24 at 9:36 am to
quote:

The statute just says "shall determine."

That seems problematic to me.

So the election official can just use CNN's numbers if he wants to?

One ironic side effect of this would almost certainly be giving standing for States to sue other States over election laws/integrity, etc.
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