Posted on 04/01/2019 9:50:19 PM PDT by entropy12
COLUMBUS, Ohio—A proposed Ohio constitutional amendment to award the state’s presidential electoral votes to the winner of the national popular vote has cleared an initial hurdle toward making the statewide ballot this November.
A summary of the proposed amendment was certified by Attorney General Dave Yost on Monday as a “fair and truthful statement of the proposed law,” though Yost didn’t weigh in on whether he supported or opposed the measure.
(Excerpt) Read more at cleveland.com ...
It would never hold up in court based on the constitution.
There would be nothing unconstitutional about it. They wouldnt be the first either.
The whole point of the e.c. was to give the states with smaller populations at least a voice, just like having 2 senators each.
The Electoral College consists of 538 electors. A majority of 270 electoral votes is required to elect the President. Your state’s entitled allotment of electors equals the number of members in its Congressional delegation: one for each member in the House of Representatives plus two for your Senators. Read more about the allocation of electoral votes.
Under the 23rd Amendment of the Constitution, the District of Columbia is allocated 3 electors and treated like a state for purposes of the Electoral College. For this reason, in the following discussion, the word “state” also refers to the District of Columbia.
Each candidate running for President in your state has his or her own group of electors. The electors are generally chosen by the candidate’s political party, but state laws vary on how the electors are selected and what their responsibilities are. Read more about the qualifications of the Electors and restrictions on who the Electors may vote for.
....
Most states have a “winner-take-all” system that awards all electors to the winning presidential candidate. However, Maine and Nebraska each have a variation of “proportional representation.” Read more about the allocation of Electors among the states and try to predict the outcome of the Electoral College vote."
https://www.archives.gov/federal-register/electoral-college/about.html
Considering the date of the story, I have to wonder about it’s validity.
I already know it’s not right, but I have yet to see any clear case of how this national popular vote initiative somehow violates the federal constitution. I would hope that someone could point out the plain language in the constitution.
The constitution leaves it to the states to decide how they distribute their electors. If a states citizens are foolish enough to give their electors to the winner of the ‘national popular vote’ then they will get what they deserve. And also take into account that there’s no constitutional basis to force an elector to vote for a particular candidate. They could be a faithless elector. I just don’t want to pretend like this national popular vote initiative is somehow unconstitutional. Because while i wish it was, i dont believe it is.
This is a real threat.
It is completely unconstitutional, but I can imagine some judges looking at this and saying enough states voted for it to make it a de-facto amendment.
Until some judge says enough states did this that it is a de-facto ratification of a new amendment.
currently not every vote in November is counted in a NJ in a state , city , county race — provisional and absentee votes — unless it will matter in deciding the election.
JFK defeat Nixon by 112, 827 0.17% margin.
Without the EV every ward & district in the country would need a recount?! Dem would steal election ie like Senator Franken in MN
The Constitution clearly states that electors are awarded in a manner determined by the legislatures of the several states. The legislature can simply name the electors themselves if it wishes.
There was actually talk in 2000, that if the Democrats didn’t stop their shenanigans in Florida, the state legislature would simply vote to install whatever electors they pleased.
“I’m wondering how this might help Trump, give him an even bigger landslide in 2020.”
This will NOT help Trump ... or any Republican candidate in the future. That is why the Dems are pushing this in as many states as possible.
Once the number of states that agree to this reaches 270+ Electoral votes, its over. No non-Democrat presidential/vice-presidential candidate will ever win again.
Article IINotice that the governor of the state is not involved, the manner of selecting electors is wholly up to the legislature.Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
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.
“It’s not legal. All it will take is a lawsuit by those who lose their votes due to the state not recognizing the popular vote winner in the state.”
The problem with that is those who would sue saying they were disenfranchised would have “No Standing” as the “courts” like to say these days.
What is the “national popular vote”?
“It is completely unconstitutional”
Why?
National Popular Vote:
Back to basics. The National government (The President and Congress) are prevented from having a governing role in how the next President is selected. THIS IS ON PURPOSE, so the States can replace a failing or corrupt Administration without interference from those who do not wish to be dismissed.
So, a couple of questions:
Who counts this “national popular vote”?
Who certifies the result?
Who hears appeals and contests?
Are appeals and contests even to be allowed?
Can States limit ballot access (Could California and NY keep Trump off their ballots)? If not, why not?
How would a case like Florida 2000 be handled under an NPV system?
You can bet they’ll try.
“Ummm.. so Ohio voters dont get a vote???
They just gonna say “whatever every one else wants!”????”
Actually, its ‘Whatever illegal aliens in New York City, Chicago, and Los Angeles want”
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