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What If The Electoral College Went Rogue?
Baltimore Sun ^ | 10.20.2016 | Syl Sobel

Posted on 10/30/2016 10:06:21 PM PDT by Az Joe

When the Founding Fathers created the Electoral College...they envisioned and assembly of "wise men and learned elders"

(Excerpt) Read more at baltimoresun.com ...


TOPICS: Government; Miscellaneous; News/Current Events; Politics/Elections
KEYWORDS: electoralcollege; rogue
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The Electors do not vote until Monday, December 19th. If Trump is cheated into a narrow loss in the E.C. he will fight.

Trump will never quite, he will die first.

1 posted on 10/30/2016 10:06:21 PM PDT by Az Joe
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To: Az Joe

http://archive.fairvote.org/?page=967

State Control of Electors
There is no federal law that requires electors to vote as they have pledged, but 29 states and the District of Columbia have legal control over how their electors vote in the Electoral College. This means their electors are bound by state law and/or by state or party pledge to cast their vote for the candidate that wins the statewide popular vote. At the same time, this also means that there are 21 states in the union that have no requirements of, or legal control over, their electors. Therefore, despite the outcome of a state’s popular vote, the state’s electors are ultimately free to vote in whatever manner they please, including an abstention, with no legal repercussions. The states with legal control over their electors are the following 29 and D.C.:

Alabama (Code of Ala. §17-19-2)
Alaska (Alaska Stat. §15.30.090)
California (Election Code §6906)
Colorado (CRS §1-4-304)
Connecticut (Conn. Gen. Stat. §9-176)
Delaware (15 Del C §4303)
District of Columbia (§1-1312(g))
Florida (Fla. Stat. §103.021(1))
Hawaii (HRS §14-28)
Maine (21-A MRS §805)
Maryland (Md Ann Code art 33, §8-505)
Massachusetts (MGL, ch. 53, §8)
Michigan (MCL §168.47)
Mississippi (Miss Code Ann §23-15-785)
Montana (MCA §13-25-104)
Nebraska (§32-714)
Nevada (NRS §298.050)
New Mexico (NM Stat Ann §1-15-9)
North Carolina (NC Gen Stat §163-212)
Ohio (ORC Ann §3505.40)
Oklahoma (26 Okl St §10-102)
Oregon (ORS §248.355)
South Carolina (SC Code Ann §7-19-80)
Tennessee (Tenn Code Ann §2-15-104(c))
Utah (Utah Code Ann §20A-13-304)
Vermont (17 VSA §2732)
Virginia (§24.2-203)
Washington (RCW §29.71.020)
Wisconsin (Wis Stat §7.75)
Wyoming (Wyo Stat §22-19-108)


2 posted on 10/30/2016 10:07:57 PM PDT by Az Joe (Desu Hoc Vult!! The tree of liberty must be refreshed from time to time....)
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To: Az Joe

No state can tell an Elector how to vote. They can try to punish them AFTER they vote but they cannot force them to vote any certain way.


3 posted on 10/30/2016 10:10:14 PM PDT by Az Joe (Desu Hoc Vult!! The tree of liberty must be refreshed from time to time....)
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To: Az Joe

Once elected, an Elector is a Federal Official. Constitutionally, no State law can force or compel their official decisions or actions.


4 posted on 10/30/2016 10:11:11 PM PDT by sourcery (Non Acquiescit: "I do not consent" (Latin))
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To: Az Joe

In theory, electors can vote for whomever they want.

In reality, few of them are going go against the instructions of the party that nominated them.

They will vote as they’re told.


5 posted on 10/30/2016 10:12:55 PM PDT by goldstategop ((In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever))
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To: goldstategop

Perhaps in normal elections, although over 100 have not in our nations history.

This election will set the new normal.


6 posted on 10/30/2016 10:14:35 PM PDT by Az Joe (Desu Hoc Vult!! The tree of liberty must be refreshed from time to time....)
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To: Az Joe

The state laws that bind Electors to vote for a certain candidate are of no consequence.

Suppose you were an Elector for your state and your state voted for Clinton, but on the day the members of the Electoral College meets in DC, you cast your Electoral Vote for Trump.

You may break state law, but your Electoral Vote will go to Trump.


7 posted on 10/30/2016 10:20:01 PM PDT by Timpanagos1
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To: Az Joe

January 6, 2017

The Congress meets in joint session to count the electoral votes. Congress may pass a law to change this date.
The Vice President, as President of the Senate, presides over the count and announces the results of the Electoral College vote. The President of the Senate then declares which persons, if any, have been elected President and Vice President of the United States.

If a State submits conflicting sets of electoral votes to Congress, the two Houses acting concurrently may accept or reject the votes. If they do not concur, the votes of the electors certified by the Governor of the State on the Certificate of Ascertainment would be counted in Congress.

If no Presidential candidate wins 270 or more electoral votes, a majority, the 12th Amendment to the Constitution provides for the House of Representatives to decide the Presidential election. If necessary the House would elect the President by majority vote, choosing from the three candidates who received the greatest number of electoral votes. The vote would be taken by state, with each state having one vote.

If no Vice Presidential candidate wins 270 or more electoral votes, a majority, the 12th Amendment provides for the Senate to elect the Vice President. If necessary, the Senate would elect the Vice President by majority vote, choosing from the two candidates who received the greatest number of electoral votes. The vote would be taken by state, with each Senator having one vote.

If any objections to the Electoral College vote are made, they must be submitted in writing and be signed by at least one member of the House and one Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider their merits under procedures set out in federal law.


8 posted on 10/30/2016 10:20:06 PM PDT by Az Joe (Desu Hoc Vult!! The tree of liberty must be refreshed from time to time....)
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To: Timpanagos1

Agreed. We may need that safeguard


9 posted on 10/30/2016 10:21:21 PM PDT by Az Joe (Desu Hoc Vult!! The tree of liberty must be refreshed from time to time....)
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To: goldstategop
In reality, few of them are going go against the instructions of the party that nominated them.

They will vote as they’re told.

Now the question is which way will the GOP tell them to vote? The bigger the win the less likely faithless electors will be able to change the results. Trump 270 - Clinton 268 scares me to death.

10 posted on 10/30/2016 10:23:07 PM PDT by KarlInOhio (" T'was the witch of November come stealin' " And who could the stealing Witch of November be? Hmm?)
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To: Az Joe

I can easily imagine several Never Trump Republicans or GOPe casting their Electoral Votes for Clinton despite the people of their state voting for Trump. e

And there would not be a damn thing we could do about it.


11 posted on 10/30/2016 10:27:09 PM PDT by Timpanagos1
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To: Az Joe
Concern troll level: SUB-PADAWAN

12 posted on 10/30/2016 10:27:27 PM PDT by Company Man ("The novel '1984' was supposed to be a warning, not a How-To guide" - Eric Blair)
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To: Timpanagos1

“And there would not be a damn thing we could do about it.”

There are street light poles in DC. Get a bunch of small signs. Label the poles with the message: “Change your Electoral vote at your own peril”


13 posted on 10/30/2016 10:39:47 PM PDT by Fai Mao (PIAPS for Prison 2016)
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To: Az Joe

You gotta wonder what campaigns will be like in the future.


14 posted on 10/30/2016 10:40:14 PM PDT by InvisibleChurch (https://thepurginglutheran.wordpress.com)
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To: Timpanagos1

I hate to say this, but it might be the last thing they would ever do.


15 posted on 10/30/2016 10:47:11 PM PDT by BigEdLB (Take it Easy, Chuck. I'm Not Taking it Back -- Donald Trump)
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To: Fai Mao

Electors vote in their state capitols. At this point Trump might approach 400 evs. A cushion.


16 posted on 10/30/2016 10:49:42 PM PDT by BigEdLB (Take it Easy, Chuck. I'm Not Taking it Back -- Donald Trump)
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To: Company Man

Shut up nube


17 posted on 10/30/2016 10:56:32 PM PDT by Az Joe (Desu Hoc Vult!! The tree of liberty must be refreshed from time to time....)
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To: BigEdLB

Oh I don’t hate to say it. If the people of a state do not have their votes represented properly, those offending ‘faithless electors’ should be dealt with accordingly and I don’t mean prosecution. The damn well should fear the wrath of the people they aim to screw over.


18 posted on 10/30/2016 11:21:17 PM PDT by Mjreagan
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To: InvisibleChurch
You gotta wonder what campaigns will be like in the future.

;-)

19 posted on 10/30/2016 11:56:56 PM PDT by Charles Martel (Endeavor to persevere...)
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To: Az Joe

If bad Hillary news keeps coming out at the current rate until DECEMBER 19, there may be Democrat electors who will switch their vote away from Hillary — even if Trump wins.


20 posted on 10/31/2016 12:13:19 AM PDT by AZLiberty (A is no longer A, but a pull-down menu.)
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