Not really. The constitution is clear, the legislature can assign and instruct their voter as they choose. There’s nothing about them making conditional rules based on the behavior of other states, or any other limitation.
Individual state votes are certified, everything after than is math. And remember they don’t even have to have voting. The legislature can just decide who to send and who to tell them to vote for.
That’s basically what will happen. Each party will focus on their stronghold state to run that margin up as far as possible. It won’t last long though, once a Dem stronghold state “goes” GOP because of the national vote they’ll go back.
I’m referring to the compact they are trying to pass - the subject of the article we were commenting on - this scam has been going on for years - this not stand alone legislation as you seem to think it is - it is a compact of states trying to get this passed in order to go into effect - only going into effect if a certain number of other states join the compact. The Constitution is quite clear in not allowing states to enter into a compact without the consent of Congress. If they want to pass a rule for their own Elector allocation all on their own, you’re right, they can do that, but that’s not what is occurring here.
And there is no certified “national popular vote” as I stated which could create additional issues...saying it is “just math” doesn’t solve that issue since those elections are completely separate by state with different standards. I am aware the legislature can appoint its own Electors directly but that is beside the point...that is not what they are proposing.