The states are the arbiters of how electoral votes are allocated. Maine does so by allotting 2 votes to the statewide winner and then the rest by one vote per congressional district victor. Nebraska as well does the same. This method is certainly constitutional.
The states are the arbiters of how electoral votes are allocated. Maine does so by allotting 2 votes to the statewide winner and then the rest by one vote per congressional district victor. Nebraska as well does the same. This method is certainly constitutional.
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Yes, but that’s because their EV’s will be decided by their state’s popular vote, not the national popular vote.
This new process stinks. Why should my State EV vote be determined by other states!!!!! That disenfranchising my vote.
They should just pass a Constitutional Amendment.
You can argue almost any state law on equal protection grounds.
It is somewhat dissappointing that Florida’s legislature didn’t pick the electors themselves when the vote became as spoiled as it did (yes, the punch cards were spoiled: with all the handling, pregnant chads had become hanging chads).
I don’t know what would happen now if a state legislature did decide to choose the electors at the last minute, and its electors were critical. Which version of the count would count, if any, with regard to the other states?
It’s a rare chance here that the provisions of this law will ever be invoked but it seems to me there’s going to be greater strife with this law than without.
Unfortunately, this is constitutional [unwise, but constitional nonetheless] - and NOT what the Founders wanted. But, the Constitution leaves it up to the States as to how their electors are chosen.
I am also not a fan of the current winner-take-all system [except ME and NE]. It causes candidates to focus on the most populous areas within a State.
For example, I live in MD. If a candidate wins Baltimore City, Baltimore County, Montgomery County, and Prince Georges County - they win the State. The rest of the counties be damned.
A fairer system is as follows:
1. The Constitution provides that “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 ...”
2. Therefore, two of the electors in each state represent its two Senators and the rest of the electors for the state represent its Representatives.
3. So, it would be fairer for the voters in each of a State’s districts to vote for one elector [representing their district]. Just like they vote for their district’s Representative. The two remaining electors would be awarded to the winner of the State’s popular vote [just like they vote for their Senators].
If this system had been in place in 2008, Obama would have one 7-3, instead of 10-0. This is more representative of the political view of the State of MD.
A state can invent any method they want. They could go as far as saying whatever candidate wins in Florida...automatically gets their electoral votes, and just nullify the entire voting apparatus in their own state.
I think the more folks try to tinker with this mess...the bigger the mess becomes. Everyone is convinced that the electoral college is broke. But if you explained the mess of letting popular vote run the thing...and only the results of the ten biggest states matter then...then they all hate popular vote.