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To: mrsmith

A state’s legislature appoints Electors by passing laws which control that process. It would be up to each state’s legislature and/or Supreme Court to decide whether the laws enacted by the legislature had in fact resulted in the appointment of any Electors, and who those Electors actually were, if any.

And then Congress would have the final say regarding whether or not to accept as valid any Electoral votes submitted by persons claiming to be Electors.


21 posted on 11/27/2016 10:00:23 AM PST by sourcery (Non Acquiescit: "I do not consent" (Latin))
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To: sourcery

“The Supreme Court’s initial unanimous decision in the 2000 election dispute vacated the Florida Supreme Court’s first decision for failing to take into account this doctrine prohibiting state constitutions from constricting state legislative directions about the appointment of presidential electors. Bush v. Palm Beach County Canvassing Board (2000).”
http://www.heritage.org/constitution/#!/articles/2/essays/79/presidential-electors

Nothing the state- including it’s legislature, courts or executive- does can interfere with the Constitutional power of the legislature to appoint electors.
There’s more on the issue at the link.

Not sure we have a disagreement though.


28 posted on 11/27/2016 10:48:43 AM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: sourcery
It would be up to each state’s legislature and/or Supreme Court to decide whether the laws enacted by the legislature had in fact resulted in the appointment of any Electors, and who those Electors actually were, if any.

The stricken portion of your statement is incorrect. Without it your statement is correct.

The Florida Supreme Court attempted to arrogate this very power to itself in the 2000 election. The US Supreme Court struck down their claim writing that the plenary power of legislatures to appoint electors is a matter for the political branches entirely, and NO State Supreme Court has any authority over their decision, even the state's own Constitution notwithstanding.

32 posted on 11/27/2016 11:07:09 AM PST by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward Fifth Avenue to be born?)
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