Romney would have won under the Congressional District method

[True Federalist (진정한 연방 주의자)]

Dave Wasserman ‏@Redistrict
@MittRomney won 222 Cong. Districts, @BarackObama 206.

Assuming Romney's 24 states give him 2 electoral votes for winning the state that would bring him to 270. Yeah, very democratic idea by the GOP if you lose the popular vote by 3.65% and counting! I still think that method likely fails under the equal protection clause. Violates one person one vote.

Apportionment of Electoral College votes (and for that matter, the Senate) is not subject to one man, one vote. The states can pick their electors any way they please. They could cancel the popular election and just pick homeless people off the streets if they want to.

Actually, a case could be made that if a State chooses to submit the selection of electors to a popular vote that it would be subject to one man, one vote, and thus by extension choosing by single member districts chosen just of the occasion.  After all, the 14th Amendment trumps Article II.

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As I recall, the one man one vote principle has been found to apply to State judicial elections in those States where judges are elected, so I see no reason why it would not apply to Electors.

However, no one with standing has chosen to bring such a suit.