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To: Pikachu_Dad

States are constitutionally charged to appoint electors in a manner of the state legislature’s choosing. Full stop.

The 10th amendment says that where the constitution is silent, the power is reserved to the states or the people.

The question of adding qualifications is the exact opposite. The constitution defines qualifications, and the states cannot add thereto.


73 posted on 01/17/2020 6:52:41 PM PST by MortMan (Is "buttcheeks" one word, or should I spread them apart?)
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To: MortMan

Nope...

“As the text and structure show, the Twelfth Amendment allows no room for the states to interfere with the electors’ exercise of their federal functions. From the moment the electors are appointed, the election process proceeds according to detailed instructions set forth in the Constitution itself. The Twelfth Amendment directs the electors to “name in their [distinct] ballots the person voted for as President . . . [and] Vice-President.” U.S. Const. amend. XII. And it demands that the lists of votes certified and delivered to the President of the Senate include “all persons voted for as President, and all persons voted for as Vice-President, and the number of votes for each.” Id. The plain language of the Constitution provides that, once a vote is cast, it must be included in the certified list sent to the President of the Senate. Nowhere in the Twelfth Amendment is there a grant of power to the state to remove an elector who votes in a manner unacceptable to the state or to strike that vote. Indeed, the express requirement that all votes be listed is inconsistent with such power. And because Article II, Section 1, Clause 2 sets the precise number of electors, the state may not appoint additional electors to cast new votes in favor of the candidate preferred by the state.
In short, while the Constitution grants the states plenary power to appoint their electors, it does not provide the states the power to interfere once voting begins, to remove an elector, to direct the other electors to disregard the removed elector’s vote,”


81 posted on 01/17/2020 7:50:01 PM PST by Pikachu_Dad ("the media are selling you a line of soap)
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