BULLDOG
Diamond Member
- Jun 3, 2014
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Well, like in Fla in 2000, the gop legislature could have picked electors whom they felt certain would have voted for W. That is if the Scotus had applied federalism and left a state matter to a state.If colorado passed a law that all electors must give their votes to the national winner, it still would be a difficult situation, as each party gets to pick their own electors. Let's say the repubs dont want to pick those types of electors, are you saying that a law can be passed to force them to do so?There's no actual compact with state A giving state B some legal standing to enforce something. Typically, states enter into compacts to do things like share (or divvy up) water rights from shared waterways. It's like a contract. If state A takes more than it's allotted share, state B can sue it in federal court.So, constitutionally, the pro compact crowd may have some standing if they could find all electors who would be willing to not be "faithful electors" since the constitution really doesn't say anything beyond that the legislature get to pick the electors, however it does say that the electors must be the one to vote.Yup and tis is clearly UNCONSTITUTIONAL. The State may not ignore the voters of the State.
What I dont agree with is the legislature being able to arbitrarily say where the votes will go, especially before the electors have even been chosen. They havent even waited to see if they can find electors who would be willing to go along with their compact.
However, as I understand it, each side gets to choose electors, and when the citizens vote, they are not voting for a presidential candidate, they are voting for an elector. Whichever candidate wins the popular vote in that state, their parties electors get to cast votes.
I doubt the republican state legislators will pick electors who will go along with the compact, which means, in that instance, it would be a constitutional problem.
IF Colorado, for example, decided ten years down the line to change it's law requiring legislators to appoint electors who'd support the nat pop vote winner, that would just be Colorado's biz, and another state would not have any way to force Colorado to not change it's law. All the states are doing in this case is making a "promise."
In your hypothetical you say "I doubt the gop state legislators will pick electors who will go along with the compact …." That's a very real possibility. But if THEIR OWN STATE LAW REQUIRES THEM TO PICK ELECTORS WHO WOULD GO ALONG, if they violated their own state law, their own state courts would have to enforce the law. HOWEVER, each legislature could attempt to change any law passed by a previous legislature … and signed into law by a governor.
What you are advocating is election fraud, it really is. You are saying that if the citizens vote for gop, the legislature can say "no, your vote is going for the other candidate".
This is being enacted because, from what I hear, democrats generally win the popular vote. Correct me if I'm wrong. If that being the case, do you feel its right for a state to tell its citizens that they will always vote democrat? Do you think this compact would have been enacted if it was the Republicans who always won the pop vote?
Not sure it works that way. To my understanding, the way it is now, electors are free to vote how ever they want, regardless of the vote count.
The electors can be about anyone not a federal official. A state legislator. A former official. I suppose it's always possible an elector would "lie" about pledging to vote for the popular national vote winner, and then vote for someone else. But I think that would make him/her sort of notorious in their own state.
There is even a legal term for it. Faithless Elector.