Wouldn’t this be unconstitutional? Someone will bring it before the courts. The artical mentions that several other states have already passed such a law. It’s interesting to note that these are all blue states (Democrat) and are mostly on the 2 left coasts. They don’t want to live by the law because they see it as a stumbling block to getting their way.
This probably not unconstitutional. There is no provision in the Constitution nor in Federal law that requires electors to vote based on the popular vote in their state. Political parties often extract “pledges” from the electorates but that’s about it. It has happened before that an electorate did not cast his vote for the candidate of his states choosing, but there was no law broken therefore no jail time etc. I think all that can be done is a fine. Maybe someone else can elaborate............
This probably not unconstitutional. There is no provision in the Constitution nor in Federal law that requires electors to vote based on the popular vote in their state. Political parties often extract “pledges” from the electorates but that’s about it. It has happened before that an electorate did not cast his vote for the candidate of his states choosing, but there was no law broken therefore no jail time etc. I think all that can be done is a fine. Maybe someone else can elaborate............
“Wouldn’t this be unconstitutional? Someone will bring it before the courts. The artical mentions that several other states have already passed such a law. It’s interesting to note that these are all blue states (Democrat) and are mostly on the 2 left coasts. They don’t want to live by the law because they see it as a stumbling block to getting their way.”
Of course it’s going to “go to the courts”, and certainly all the way to The Supreme Court.
I predict that the Court will eventually rule “National Popular Vote” to be unconstitutional (based on the Constitution’s prohibition of states making agreements amongst themselves that contravene the Constitution itself), and further, that NPV violates the Civil Rights Act by disenfranchising voters and tampering with their votes.
I believe the Court’s opinion will decree that, yes, individual states DO have the right granted by the Constitution as to how they will select electors to represent their interests in The Electoral College.
HOWEVER — If any state chooses to hold a statewide election by which the state’s voters choose the electors, that they must abide by the decision reached by the voters who actually cast the votes (within that state’s borders).
In other words, a state cannot hold an election within its own borders for electors, and then reverse the results of that election for any reason, including the reason that the winner within the state did not also win “the national popular vote”.
Of course, any state legislature could simply decide to abolish presidential elections (within that state), and have the _legislature_ choose electors based on who won the popular vote elsewhere. Now which state is going to become the first one to step up and do that?