Snopes: Can State Legislatures Override the Choice of Presidential Electors?
The answer is, of course, “no.” 🙂
Just in case some folks here can use some reassurance about this issue.
“Claim:State legislatures can override the results of elections and designate whichever presidential electors they choose.
Although the wording of Article II of the Constitution (quoted above) allows that any state’s legislature could opt for a different method of picking electors in the future, it does not empower any legislature to ignore both their state’s elections results and their existing laws and, willy-nilly, designate whomever they want as electors. (In reference to the NCSL passage quoted above, for example, Democratic legislators in Florida could not decline to recognize Donald Trump as the winner in that state’s election and appoint electors chosen by the Democratic party instead.)
Any state’s legislature could, theoretically, pass a law setting out a new method for designating presidential electors other than popular vote. However, they would have enact such a law prior to Election Day; they could not retroactively change, or just disregard, their current laws to defy the will of voters. State election laws and regulations must be established and in place prior to Election Day — they cannot be improvised or instituted on an ad hoc basis after the fact. Otherwise, every presidential election would descend into chaos, with state legislatures controlled by one party refusing to appoint electors pledged to the other party’s candidate.”
(More at link)
November 9, 2020 at 5:51 PM #376712HamletParticipant
- Total Posts: 53
that is the path that Trump will pursue – to persuade GOP legislatures not to override the choice of electors but rather to reject them completely because of corrupt vote count. They have a month to do it. If they can persuade key states to abstain from voting completely then it’s possible that no candidate will receive 270 votes thus throwing the thing to the Senate who will no doubt vote for Trump. I’m not saying it’s going to happen I’m saying that it appears to be the strategy going forward. I wouldn’t celebrate a Biden victory until after December 14 or a Trump concession – whichever comes first or never it things go his way.
November 9, 2020 at 6:12 PM #376718
And virtually impossible (Edited for clarity):The constitution gives legislature no such authority to blatantly ignore and overrule the popular vote, just because it gave them room to decide, at first, how electors will be allotted at the beginning of our American experiment.
November 9, 2020 at 6:56 PM #376725Ohio BarbarianModerator
- Total Posts: 20,156
The Constitution says no to ex post facto laws, or laws passed after the fact, so no, state legislatures cannot change how electors are chosen for the past election.
It is better to vote for what you want and not get it than to vote for what you don't want and get it.--Eugene Debs
You can jail a revolutionary, but you can't jail the revolution.--Fred Hampton
November 9, 2020 at 7:00 PM #376727
…from the media about such a sensational sounding idea. Nobody seemed able to really clear it up except snopes at this point. And with the advent of social media, the willingness to believe it has been compounded.
- You must be logged in to reply to this topic.