Posted on 09/29/2004 4:53:03 PM PDT by mondoman
If the plan passes, expect a court challenge. It violates both the US Constititution and federal election law. Read post #20.
While I don't doubt it would be challenged, and I don't think it would apply to the current election (I think the leftists are more interested in nuetralizing CO in the future), it is also far from clear that it is unConstitutional. The 'in such manner as the Legislature' language could very easily include the referendum process...that process was created by the legislature.
Hey Komrade those silly 'laws' you site are for thee, not me.
Colorado has 9 EVs now, so unless someone gets a large margin, it'll split 5-4 or 4-5, so only 1 EV is at stake. If, however, in the next census, Colorado gets one more EV, then it'll almost always split 5-5. So it would be utterly meaningless for anyone to campaign there unless they thought they could exceed 55%.
I read in an article last night on MSNBC's website (Split Colorado's electoral votes? [ballot question leads 51% - 31% - 18%] Below is a quote from that article specifically stating that the amendmen retroactively changes the law governing the 2004 Electoral College. This is a violation of US election law.
Given some Americans' puzzlement with the electoral mechanics that allow one candidate to receive the most votes nationwide and not win the electoral vote, one might expect that Colorado could be the harbinger of a national movement if the measure is approved by the voters.But Atkinson is skeptical: She said only 16 states allow ballot initiatives and state legislators in the other states would not be likely to undertake electoral vote-splitting on their own.
If what the proponents were most concerned about was starting a national trend, Atkinson said, "They could have made this take effect in 2008, instead of in this presidential election. Or they could also have put a trigger in that said it took effect in Colorado after a certain number of the states adopted. Colorado would have been on the leading edge, but would not put itself at a huge disadvantage."
You should direct questions about the constitutionality of state legislatures delegating powers when the US Constitution specifies legislature to Congressman Billybob; he is a civil rights lawyer. According to previous posts he has written to me, there are Supreme Court decisions restricting such delegations of power.
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