Legislative vs. Electoral Sessions of a state legislature

McPherson v. Blacker, 146 U.S. 1 (1892) ^ | November 30, 2020 | Dr. Franklin

[Dr. Franklin]

The state does not act by its people in their collective capacity, but through such political agencies as are duly constituted and established. The legislative power is the supreme authority, except as limited by the constitution of the state, and the sovereignty of the people is exercised through their representatives in the legislature unless by the fundamental law power is elsewhere reposed. The Constitution of the United States frequently refers to the state as a political community, and also in terms to the people of the several states and the citizens of each state. What is forbidden or required to be done by a state is forbidden or required of the legislative power under state constitutions as they exist. The clause under consideration does not read that the people or the citizens shall appoint, but that "each state shall," and if the words "in such manner as the legislature thereof may direct" had been omitted, it would seem that the legislative power of appointment could not have been successfully questioned in the absence of any provision in the state constitution in that regard. Hence the insertion of those words, while operating as a limitation upon the state in respect of any attempt to circumscribe the legislative power, cannot be held to operate as a limitation on that power itself.

If the legislature possesses plenary authority to direct the manner of appointment, and might itself exercise the appointing power by joint ballot or concurrence of the two houses, ... act of appointment is nonetheless the act of the state in its entirety... agencies duly authorized to speak for the state, and the combined result is the expression of the voice of the state, a result reached by direction of the legislature, to whom the whole subject is committed.

[Dr. Franklin]

So I was watching a PA legislator talking about the end of the legislative session ending at midnight, and the technical problems of voting the presidential electors themselves. Other legislatures in other states are having issues convening to address the election fraud due to local corruption, the refusal of the governor to call a special session, etc. It occurred to me that one solution is, based upon the above precedent, to categorize the appointment of presidential electors as an electoral session under the U.S. Constitution, rather than a legislative session under the respective state constitution. Please forward this to your state legislators if appropriate. If this strategy works, I will glady accept an appointment to the U.S. Third Circuit Court of Appeals ride herd there.

Article II, Sec. 1, Clause 2:
"Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress, but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector."

[philman_36]

Relating to your jaundiced post, RBW in PA.

Note the emphasis, Dr. Franklin.
Cutler, Benninghoff Make Statement on Plans for Remainder of Legislative Session

The Pennsylvania House of Representatives will not be returning to voting session before the constitutionally mandated end of session on Monday, Nov. 30. Nothing about no "special" session will be called.

[Dr. Franklin]

The point that I am making is that not all of the powers of a legislature are legislative. In the case of an impeachment, the Senate has a judicial function and the lower house is a prosecutor. In the case of appointing presidential electors, the function of the legislators is electoral. The purpose of state constitutions in places like GA, that require the governor to call the legislature in a special session after certain events, have no bearing on the prerogatives of the legislature to appoint presidential electors, a federal electoral power