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To: Repeal The 17th
One of the major problems, should the compact be concluded AND should it be approved by Congress would be defining the "national popular vote" and deciding who would validate the enumeration.

I mean, we're not going to ask ABC News who won.

Are we?

32 posted on 05/03/2014 10:05:23 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Jim Noble

Or even a more simple counter measure...
supposing the legislatures from several States directed their secretary of state
to not release their state’s presidential popular vote tally
until after the electoral college had met.


33 posted on 05/03/2014 10:55:12 AM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: Jim Noble

Current federal law (Title 3, chapter 1, section 6 of the United States Code) requires the states to report the November popular vote numbers (the “canvas”) in what is called a “Certificate of Ascertainment.” You can see the Certificates of Ascertainment for all 50 states and the District of Columbia containing the official count of the popular vote at the NARA web site.

With both the current system and the National Popular Vote approach, all counting, recounting, and judicial proceedings must be conducted so as to reach a “final determination” prior to the common nationwide date for the meeting of the Electoral College. In particular, the U.S. Supreme Court has made it clear that the states are expected to make their “final determination” six days before the Electoral College meets.

Neither the current system nor the National Popular Vote compact permits any state to get involved in judging the election returns of other states. Existing federal law (the “safe harbor” provision in section 5 of title 3 of the United States Code) specifies that a state’s “final determination” of its presidential election returns is “conclusive”(if done in a timely manner and in accordance with laws that existed prior to Election Day).

The National Popular Vote compact is patterned directly after existing federal law and requires each state to treat as “conclusive” each other state’s “final determination” of its vote for President.


49 posted on 05/05/2014 10:22:56 AM PDT by mvymvy
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