Colorado Senate Passes Bill to Circumvent Electoral College

[DoggyDaddy]

You left out part of the rule. The Constitution says that each state can decide how its electors get picked.

I'm not sure if that opens the door for them to say (for example), "However California's vote goes, that's how our electors shall vote."

 

[HoughMade]

While a state can decide how its electors are decided, it cannot nullify or dilute the votes of its own voters. There are other Constitutional provisions at play.

 

[T.Lex]

I'm not sure if that opens the door for them to say (for example), "However California's vote goes, that's how our electors shall vote."

It isn't necessarily about voting in the electoral college, its about choosing the electors. They've always been "allowed" to vote however they want (under the federal constitution). I believe some states have laws that would try to invalidate an electoral college vote that was not aligned with who the person was "supposed" to vote for.

So, they probably could (if they wanted) say that whichever candidate won Cali's election, that candidate's electors in Colorado would also be selected.

It would be a complete abdication of the responsibility to pick their own electors, but I think it is technically possible.

While a state can decide how its electors are decided, it cannot nullify or dilute the votes of its own voters. There are other Constitutional provisions at play.

Which ones? I mean, no one would be denied the right to cast a vote in the election. No poll taxes or anything.

The actual state election would be next to meaningless - and there'd almost certainly be litigation about the matter - but how would the federal constitution prevent which electors got picked or force them to vote a certain way?

Part of the reason for the EC is to allow the electors some... flexibility... to pick the "right" president.

 

[HoughMade]

Equal Protection. I do not believe that a state can vote its electors according to the vote in another state because that means that the votes of its voters are not counted equally.

 

[T.Lex]

Equal Protection. I do not believe that a state can vote its electors according to the vote in another state because that means that the votes of its voters are not counted equally.

They would all be equal. Equal to zero. No one Coloradan(? Coloradite? Coloradian? Colosphincter?) vote would be worth more than any other Colorodanian.

 

[BugI02]

Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College ? Harvard Journal on Legislation
Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College

 

[cosermann]

If we get rid of the electoral college, then by the same logic we should get rid of the U.S. Senate too.

There are valid reasons for both.

 

[T.Lex]

If we get rid of the electoral college, then by the same logic we should get rid of the U.S. Senate too.

There are valid reasons for both.

Well, I think the Senate would be better off if we ended the experiment in direct elections for senators. Revert back to something that is formed by a similar process as the EC.

 

[Ingomike]

You left out part of the rule. The Constitution says that each state can decide how its electors get picked.

Nope, that was in my first post in this thread.

This violates the spirit of the Constitution, not the text, even by originalists standards. I paraphrase, the electors are selected in a manner dictated by the states.

Sorry, nice thought...

IM

MM

 

[ChristianPatriot]

I’d guess that this will be a thing until a Republican wins the popular vote but loses the election, then it will be, “This is exactly why we have the electoral college.”

 

[Ingomike]

Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College ? Harvard Journal on Legislation
Combination Among the States: Why the National Popular Vote Interstate Compact is an Unconstitutional Attempt to Reform the Electoral College

I hope this is the way it goes.

MM

 

[drawer86]

Can't do it. And whoever came up with this should be jailed and fined. Heavily, so as to be a deterrent to others.

 

[Ingomike]

Can't do it. And whoever came up with this should be jailed and fined. Heavily, so as to be a deterrent to others.

I hope you are right, now why not? What crime?

MM

 

[jamil]

Talk about unintended consequences. This is pretty much blue states passing this. Sure it’s pending votes in other states, but only the blue and maybe a split of purple states will actually pass it.

This gives an advantage to red states because all their electorial votes go to the winner in that state. In the case where a democrat wins the popular vote, no big deal because they’d have gone blue anyway. The delicious part, California could be the state which puts the Republican past the 270 electoral votes because they won the popular vote byba few.

As long as the sane states stay sane (there’s no accounting for Florida) and reject this nonsense, no harm if the dem wins popular vote because their votes always go there anyway, and boon tor Repubs if they win it by popular vote. Oh to be there when the California and New York electors all have to cast their votes for a Republican.

 

[Ingomike]

Talk about unintended consequences. This is pretty much blue states passing this. Sure it’s pending votes in other states, but only the blue and maybe a split of purple states will actually pass it.

This gives an advantage to red states because all their electorial votes go to the winner in that state. In the case where a democrat wins the popular vote, no big deal because they’d have gone blue anyway. The delicious part, California could be the state which puts the Republican past the 270 electoral votes because they won the popular vote byba few.

As long as the sane states stay sane (there’s no accounting for Florida) and reject this nonsense, no harm if the dem wins popular vote because their votes always go there anyway, and boon tor Repubs if they win it by popular vote. Oh to be there when the California and New York electors all have to cast their votes for a Republican.

I wonder what the penalty is if they change their law after the election, but before the electoral college vote?

MM

 

[T.Lex]

I wonder what the penalty is if they change their law after the election, but before the electoral college vote?

MM

Cynical derision.

 

[MarkC]

Cynical derision.

T.Lex for the win!

Edited to add: One of my favorite H. L. Mencken quotes:

[FONT=&quot]Democracy is the theory that the common people know what they want, and deserve to get it good and hard.[/FONT]

 

[engi-ninja]

Talk about unintended consequences. This is pretty much blue states passing this. Sure it’s pending votes in other states, but only the blue and maybe a split of purple states will actually pass it.

This gives an advantage to red states because all their electorial votes go to the winner in that state. In the case where a democrat wins the popular vote, no big deal because they’d have gone blue anyway. The delicious part, California could be the state which puts the Republican past the 270 electoral votes because they won the popular vote byba few.

As long as the sane states stay sane (there’s no accounting for Florida) and reject this nonsense, no harm if the dem wins popular vote because their votes always go there anyway, and boon tor Repubs if they win it by popular vote. Oh to be there when the California and New York electors all have to cast their votes for a Republican.

I don't think it's possible that a conservative would ever win the popular vote but lose the election, because all the areas with extremely high population density are also extremely liberal. Plus, all the dead and illegal people vote democrat. It seems like the best case scenario is that it wouldn't help the liberals; I don't see how it could ever help conservatives.

 

[Ingomike]

And now the Delaware house has passed this crap...


The Delaware House voted 24-17 to join an alliance of states that want to combine all their Electoral College votes and pledge them to presidential candidates who win the national popular vote.

 

[femurphy77]

And now the Delaware house has passed this crap...


The Delaware House voted 24-17 to join an alliance of states that want to combine all their Electoral College votes and pledge them to presidential candidates who win the national popular vote.

Thank (insert deity of your choice here) that the liberal elite are organizing to usurp the laws and traditions of the country when they don't work in your favor.