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

 
April 10th 2007
Maryland wants to rework U.S. presidential election process
The International Herald Tribune

Leading international daily reports on the passage of NPV by Maryland.

April 10th 2007
What's Right with Maryland
Editor's Cut (The Nation blog)

The Nation's editor, Katrina Vanden Heuvel, blogs in support of NPV.

April 10th 2007
O'Malley Signs Bill to Bypass Electoral College
The Washington Post

Maryland becomes the first state to enact NPV.

April 9th 2007
Electoral College is Outdated
The Denver Post

The Denver Post makes a positive appraisal of the National Popular Vote plan and concludes that the lack of representativeness in the current Electoral College system will become clear upon further deliberation.

April 6th 2007
Popular Vote for President Worth Consideration
Anderson Herald Bulletin, IN

Herald Bulletin editorial discusses the outdated nature of the Electoral College and the rationale for having a national popular vote for president.

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