The Constitution is quite clear. State legislatures have plenary power to determine how presidential electors are allocated. Period. Full stop.
When has the Constitution meant diddly squat to the foul hordes of the DNC?
This is an absurd lawsuit based on the plain language of the Constitution.
My guess would be that they will argue that, because the states have decided to select electors by popular vote, that it’s unfair to do it on a winner take all basis.
This could backfire, if states respond by rescinding popular votes in presidential election, and just let the legislature directly appoint electors.
If some liberal judges agree with the lawsuits, things could get ugly, with unintended consequences.
Absolutely.
It is up to each state - individually.
This movement is either posturing or idiocy - or both.
Nebraska and Maine already allocate their electoral votes proportionally based on the in-state vote.
Other states have the right to do so if they wish.
You can bet that there is little interest in changing the state's "winner take all system" in high population, heavy democrat states like California and New York.
Their interest is in forcing all other states into a system decided by national popular vote so they can dominate elections.
RTFM.
I like the proposal of dividing electoral votes based on congressional districts with the majority winner in each state getting the two additional votes for the senators. It would give conservatives in Illinois, New York and California a valid say in presidential elections. It also allows liberals in Texas and other GOP strongholds an equal say.