Message from @Perihelion - CA
Discord ID: 550723670352592896
basically the legislature can stack the Electoral College in any way they wish
@DixieBoy76 - KY Wow,didn't know that,that is awesome to hear! 400yrs!
@Perihelion - CA it’s not Constitutional for a state to dictate how their residents vote.
Maybe I'm missing something here but it's been at upheld by the Supreme Court that the state legislature can select the Electoral College without consulting the people
Yes, that is selecting the electors
Which is constitutional
Right and the electors will vote 99% of the time as instructed
Telling them HOW to vote, disregarding the electorate for who they represent, is not Constitutional
That is voting according to their OWN states’ electorate
The electoral college doesnt represent the electorate
It just is whatver the legislature decides
Which for almost all states is selected by state popular vote
Yes they do. They vote according to their states electorate
No they are not compelled to follow any popular vote
See gore vs bush
Yes. Popular vote in Texas determines who the electoral members of Texas vote
Thats how texas legislature decided it
Its not a constitutional matter
Popular vote in Florida determines who the electoral members of Florida vote
Nope
Legislature just overruled popular vote
Same as in every state, though some have eased that to allow them to vote individually based on which district they represent
But they are STILL voting according to the people they represent
you're describing the convention but that's not in the Constitution itself
The state legislature gets to select Electoral College in any way it wishes it just so happens that most States dictate that the selection is tied to the vote
New CO law is telling them to completely disregard the entire state of CO, and vote according to how the rest of the country votes
A popular vote is not required by the Constitution so ignoring it is not unconstitutional
Look up the gore vs Bush case
It’s not, but the point is the Constitution doesn’t grant the states the right to determine HOW the electoral members vote. It grants them the power to appoint them.
How they so far have gotten around that is they wait until the election has been performed, THEN appoint the electoral members. Already knowing how those people will cast their vote.
You're right they can't tell them how to vote but just by selecting them they can 99% guarantee how they vote
That is different from telling them how to vote
they can instruct them to do whatever they want. They can't compel them to do what you want. But it's not against the law to instruct them
And this law is compelling them.
Against the will of the people they represent
I doubt it. We don't have the actual text the law but I'm sure what they did is simply make it so that the Electoral Representatives are assigned to the party of the person who wins the national votes
@Mojave Paisan - NV It's constitutional to circumvent the electoral college?
Maine is considering a similar law.
You cant get around electoral college persay but you can in theory rig it so that it votes in line with national vote by changing how electoral reps are selected
Talmudry levels that shouldnt even be possible