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

 
March 29th 2007
Md. Senate Advances Bill To Dodge Electoral College
Washington Post

Maryland's state Senate has passed the National Popular Vote plan, and Governor O'Malley will sign.

March 20th 2007
Semantics need not stop a bedrock principle
The Washington Times

Adrienne Washington argues that the courts, not Congress, should decide the constitutionality of the DC Voting Rights Act of 2007.

February 15th 2007
Real Democracy Or Dystopia
TomPaine.com

New America's Steven Hill highlights America's crossroads: a diminishing role for voters in dumbed down elections or real democracy characterized by diverse legislatures, fair media and a directly elected president.

February 1st 2007
Maryland can lead the way to a popular vote for president
Takoma Voice

Maryland Delegate Sheila Hixson endorses the National Popular Vote plan.

January 7th 2007
Voting Changes Could Be Antidote To Toxic Politics
Hartford Courant

Neal Peirce touts direct election of the president, instant runoff and proportional voting in this commentary on the passing of reform-minded former President Gerald Ford.

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