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.
It’s not a compact, it’s a conditional law. They aren’t meeting and agreeing on anything. They’re declaring that if enough other do X then this clause is triggered.
And there doesn’t need to be a certification of the national election. It IS just math. And legislatures can appoint electors HOWEVER THEY WANT. That’s the Constitution. Including the national vote numbers.
This would be 100% constitutional. It would also be 100% stupid. But there are ZERO valid constitutional arguments against it.