Power of State Legislatures

…State Legislatures have the authority to replace their state’s appointed electors after the popular vote with their own instead of following the decision of the parties.  Florida’s Republican Legislature was prepared to do so in 2000 if the Supreme Court had not decided in Bush’s favor in Bush vs. Gore.  Consider this excerpt from the Washington Post (July 19, 2004):

 

“Suppose that some of the electors -- the people who under our constitutional system conduct the real presidential election some weeks after voters go to the polls -- aren't actually selected by the voters.

Impossible? Not if you give a close reading to the Supreme Court's decision in the case of Bush v. Gore, which finally settled the presidential election of 2000, if not to everyone's satisfaction. Under that decision, there is no guarantee that the electors who are decisive in choosing the next president of the United States will themselves be selected by the people of the United States.

That's because the justices ruled in that case that state legislatures have unlimited authority to determine whether citizens in their respective states shall be allowed to vote for president at all.

"The individual citizen has no federal constitutional right to vote for electors for the President of the United States," the court said, "unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College."

Imagine, now, a state in which the same party controls both houses of the legislature and the governor's office. There would presumably be no partisan impediment to the state legislature, with the governor's approval, deciding that the majority party in state government shall control the state's electoral vote, regardless of any popular vote in the state.

The ordinary protection against this sort of usurpation is presumably the "outrage factor" -- the idea that no legislature would risk the wrath of the citizenry by usurping their right to vote. But in 2000, unfortunately, Florida demonstrated that legislators might well be willing to risk the outrage if they have a case, no matter how contestable, that the electors they are choosing actually do represent majority sentiment in the state."

Unlucky Luck

Ignoring Your Vote

More Options

Vague Values

Electoral Replacements

Electoral Tie

Favorite Son Effect

A Few States Wins

Constitutional Residence

State Size

Special Interests

 

Electoral College Table of Contents

 
August 22nd 2007
California Democrats push popular vote measure
Los Angeles Times

LA Times staff writer Dan Morain reports on the latest move towards NPV in California.

August 22nd 2007
Stacking the Electoral Deck
The New York Times

The Gray Lady's editorial board comes out against schemes to allocate electoral votes by congressional districts, and reasserts support for the National Popular Vote plan.

August 21st 2007
A critical reform in presidential elections
The Napa Valley Register

The author explains how the Electoral College allows a candidate to become president despite losing the nationwide popular vote. He argues that Congress has blocked past attempts to reform the system, but now National Popular Vote offers a way out.

August 20th 2007
In defense of 55 electoral votes
The San Francisco Chronicle

An editorial in the San Francisco Chronicle cites the bipartisan National Popular Vote effort, and its 364 sponsors in 47 states in contrast to the wrong-headed congressional district proposal being floated in California.

August 13th 2007
Will California alter '08 race?
Christian Science Monitor

The writer evaluates California Republicans' move to have the state's electoral votes awarded by district. He concludes that it is an unfair move that will benefit only Republicans, without correcting the flaws of the current system.

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