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Electors are not all legally bound to vote for Obama
The Greater Evil ^ | 12/02/08 | Polarik

Posted on 12/02/2008 3:35:56 PM PST by Polarik

From the US National Archives and Records Administration website explaining the State laws on how Electors may vote:

The Supreme Court has held that the Constitution does not require that electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees.

Although some State laws provide that so-called "faithless electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector, the Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution, and no elector has ever been prosecuted for failing to vote as pledged.

There are 48 States that have a winner-takes-all rule for the Electoral College. In these States, whichever candidate receives a majority of the vote, or a plurality of the popular vote (less than 50 percent but more than any other candidate) takes all of the State's electoral votes. In Virginia, one of the "winner-takes-all" states, their State Statute does not enforce its pledges to cast their votes but only is advisory in saying that its electors "Shall be expected" to vote, meaning that Virginia Electors can conscientiously not vote for the winner in their state.

Only two States, Nebraska and Maine, do not follow the winner-takes-all rule. In those States, there could be a split of electoral votes among candidates through the State's system for proportional allocation of votes. For example, Maine has four electoral votes and two Congressional districts. It awards one electoral vote per Congressional district and two by the state-wide, "at-large" vote.

Here are the current and relevant Laws that will apply to the Electoral College when they meet on December 15:

Source: Congressional Research Service

ELECTORS NOT LEGALLY REQUIRED TO VOTE FOR OBAMA
       
ARIZONA  10 Electoral Votes
ARKANSAS  6 Electoral Votes
DELAWARE  3 Electoral Votes
GEORGIA  15 Electoral Votes
IDAHO  4 Electoral Votes
ILLINOIS  21 Electoral Votes
INDIANA  11 Electoral Votes
IOWA  7 Electoral Votes
KANSAS  6 Electoral Votes
KENTUCKY  8 Electoral Votes
LOUISIANA  9 Electoral Votes
MINNESOTA  10 Electoral Votes
MISSOURI  11 Electoral Votes
NEW HAMPSHIRE  4 Electoral Votes
NEW JERSEY  15 Electoral Votes
NEW YORK  31 Electoral Votes
NORTH DAKOTA  3 Electoral Votes
PENNSYLVANIA  21 Electoral Votes
RHODE ISLAND  4 Electoral Votes
SOUTH DAKOTA  3 Electoral Votes
TENNESSEE  11 Electoral Votes
TEXAS  34 Electoral Votes
UTAH  5 Electoral Votes
WEST VIRGINIA  5 Electoral Votes
       
TOTAL 257 Electoral Votes
       
ELECTORS LEGALLY REQUIRED TO VOTE FOR OBAMA
       
ALABAMA 9 Electoral Votes
ALASKA 3 Electoral Votes
CALIFORNIA 55 Electoral Votes
COLORADO 9 Electoral Votes
CONNECTICUT 7 Electoral Votes
DISTRICT OF COLUMBIA 3 Electoral Votes
FLORIDA 27 Electoral Votes
HAWAII 4 Electoral Votes
MAINE 4 Electoral Votes
MARYLAND 10 Electoral Votes
MASSACHUSETTS 12 Electoral Votes
MICHIGAN 17 Electoral Votes
MISSISSIPPI 6 Electoral Votes
MONTANA 3 Electoral Votes
NEBRASKA 5 Electoral Votes
NEVADA 5 Electoral Votes
NEW MEXICO 5 Electoral Votes
NORTH CAROLINA 15 Electoral Votes
OHIO 20 Electoral Votes
OKLAHOMA 7 Electoral Votes
OREGON 7 Electoral Votes
SOUTH CAROLINA 8 Electoral Votes
VERMONT 3 Electoral Votes
VIRGINIA* 13 Electoral Votes
WASHINGTON 11 Electoral Votes
WISCONSIN 10 Electoral Votes
WYOMING 3 Electoral Votes
       
TOTAL 281 Electoral Votes


As remote as it seems, if the Electors who are not legally bound to vote for Obama in these four states, New York New Jersey, Illinois, and Pensylvania, along with one of these three states, Indiana, Minnesota, or Iowa, or with both of these states, Delaware and New Hampshire, change their vote to McCain, then McCain becomes POTUS.

If 97 out of the 127 Electors who are not legally bound to vote for Obama, change their vote to McCain, then McCain becomes POTUS.

If 96 out of all the 365 Electors decide NOT to vote for Obama, whether Obama is ruled ineligible, or they have an epiphany, have an attack of conscience, or hedge their bets that no Elector has ever been punished for changing their vote, change their vote to McCain, then McCain becomes POTUS.

It is not impossible!



TOPICS: Conspiracy; Government; Politics; Reference
KEYWORDS: birthcertificate; cloudcuckooland; constitution; dream; election; fantasy; obama; pipedream
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To: Polarik

This is what they said before the Democratic convention, too, and Obama got way MORE electors than he was supposed to. Even states Hillary had solidly won were block-voting for Obama, which made her “magnanimous” decision to urge all the remaining states to vote for Obama seem more like a CYA.

I imagine the same will happen again.


21 posted on 12/02/2008 4:27:12 PM PST by COgamer
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To: Polarik

One note: Hillary only needs to have one Elector in the country switch over for her: as long as she makes the “top 3” list, the House can consider her along with McCain if there is a dis-qualification before the joint session in January.

My bet is that the DNC winks and allows one or two “protest” votes for Hillary to make sure they still have a horse in the race against McCain (and by corollary, if she does get 1 or 2 votes on 15 Dec., you can be sure there is a real problem).

If a disqualification happens after the joint session, Biden gets promoted to President-Elect, so the DNC only needs Hillary on the top 3 list if there is a blow-up before or during the joint session.


22 posted on 12/02/2008 4:41:41 PM PST by MkB
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To: Polarik
end liberty
23 posted on 12/02/2008 4:42:57 PM PST by mad_as_he$$ (Nemo me impune lacessit.)
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To: I_Like_Spam
I doubt few if any will renege on their pledges to vote for Obama.

I know it seems impossible, but it's just a possible scenario if the Court rules him ineligible -- which is also unlikely.

24 posted on 12/02/2008 4:43:47 PM PST by Polarik
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To: mad_as_he$$
That's awesome!

I mainly posted this because last night, Lan Lamphere insisted that ALL Electors were legally bound to vote for whomever won their state.

25 posted on 12/02/2008 4:45:10 PM PST by Polarik
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To: Polarik

This post is all wrong. There are legally required to vote Obama in States that are McCain States (Alaska). You also have States not required to vote Obama, that should read not required to vote McCain (Idaho).


26 posted on 12/02/2008 5:11:24 PM PST by Domandred (Hope is the first step on the road to disappointment.)
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To: FreeAtlanta
Challenge them with the thought that if Obama isn't legal, everything he signs will not be valid. He has a good chance of being impeached. He embarasses destroys the Democrat party
27 posted on 12/02/2008 6:31:05 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Revolting cat!
I think this elector system is a nice little legal fiction in this date and age. I wish it weren’t so, but despite the statements to the contrary on this forum, none of us voted for electors on the ballot. We don’t even know or care who they are.

Doesn't matter, they are real people, and they cast real votes, which really decide who becomes President and Vice President.

Besides, in some states their names are on the ballot. I'm pretty sure it was that way in the first few Presidential elections I voted in, back in the dark ages, when we used quill pens to circle the names of those we were voting for, or written in names as required.

Actually my first Presidential election, in '72, I used the old mechanical "lever and counter" machine. In '76 it was the paper ballot, circle the names deal. I've also used a punch card, with out the punching device, although they did thoughtfully include a paper clip for that purpose with my military absentee ballot. I've used two different sorts of mark-sense/color the circle type ballots, including this year. I've also used electronic voting machines in '00 and '04.

28 posted on 12/02/2008 6:42:24 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: deport
Since these electors were ones supporting the candidate why in the world would they jump ship and not vote for him?...

In many cases they are supporters of the Party, not necessarily any particular candidate of that party. In California they are obliged by law to vote for the candidate of the party, rather than the individual.

29 posted on 12/02/2008 6:45:10 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Polarik

question? Once it is proven that Obama is ineligible....would it make sense to assume that all his decisions, choices, etc. would be null and void due to fraud. Including his VP pic? Would this not make Biden ineligible for VP?


30 posted on 12/02/2008 6:45:57 PM PST by deck_time
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To: El Gato
Doesn't matter, they are real people, and they cast real votes, which really decide who becomes President and Vice President.

And it "doesn't matter", because these real people vote the way we expect them too, and then collect their money! Robots would be less costly. A BASIC computer program could do the job as well. I volunteer to write it. Today, it is silly fiction (which isn't the same as supporting the kooky idea of popular vote elections for POTUS.) It isn't even as exciting as deciding whether to carry an umbrella when a TV weatherman predicts a 75% chance of rain.

31 posted on 12/02/2008 6:52:35 PM PST by Revolting cat! (Everytime they open their mouth they shoot themselves in the foot.)
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To: deck_time
Would this not make Biden ineligible for VP?

Biden is not one of the choices an Elector can choose

32 posted on 12/02/2008 8:10:08 PM PST by Polarik
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