Would the CA voter be happy with their electoral votes going to Palin to push her over the top?
That said, the Constitution allows a state to award their electoral votes on ANY basis they see fit as long as it is not contrary to some other part of the Constitution. HOWEVER, if an election is held in that state to determine the Electors...every citizen in that state has a right, ensured by the Constitution, that their vote counts equally with all other votes cast.
My opening scenario shows why this will not pass Constitutional Muster...at least in a sane world.
I notice from the article that Ohio (2004 election) is still a sore point for the Democrats. Ohio, so far, hasn’t introduced such a bill.
Under National Popular Vote every vote in every presidential election in every state would be counted equally and for the candidate, unlike now. Under National Popular Vote, every vote, everywhere, would be politically relevant and equal in presidential elections, and included in the national count that determines the candidate with the most popular votes, who then is guaranteed the majority of electoral votes needed to win the presidency. It gives a voice to the minority party voters in each state. Now their votes are counted only for the candidate they did not vote for.
There is nothing in the Constitution that requires states to allow their citizens to vote for president, much less award all their electoral votes based upon the vote of their citizens.
In Bush v. Gore in 2000, the U.S. Supreme Court wrote:
“The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, §1.
“This is the source for the statement in McPherson v. Blacker … that the State legislature’s power to select the manner for appointing electors is plenary.
Far from denying or abridging “the right to vote in presidential elections for the choice of electors for President and Vice President of the United States,” the National Popular Vote compact actually establishes the people’s right to vote for President in compacting states. Article II of the compact states.
“Each member state shall conduct a statewide popular election for President and Vice President of the United States.”