Do states actually need to hold the presidential election?
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 23, 2024, 07:46:10 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Do states actually need to hold the presidential election?
« previous next »
Pages: [1]
Author Topic: Do states actually need to hold the presidential election?  (Read 408 times)
ChrisMcDanielWasRobbed
KYtrader
Jr. Member
***
Posts: 463


Show only this user's posts in this thread
« on: September 14, 2020, 12:12:44 PM »

Or could they just appoint electors, like what South Carolina did every election before the civil war?
Logged
Donerail
Atlas Icon
*****
Posts: 15,345
Show only this user's posts in this thread
« Reply #1 on: September 14, 2020, 12:38:40 PM »

Yes. State legislatures have broad authority to pick electors in whatever way they see fit.
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,156
United States


Show only this user's posts in this thread
« Reply #2 on: September 14, 2020, 12:53:37 PM »

Yeah, the only real requirement is that election day for the electors be the Tuesday next after the first Monday in the month of November regardless of whether the voters or the legislature does so. (3 USC 1).

That said, the electors haven't been appointed by a State legislature since 1876, when Colorado did it.
Logged
Alcibiades
YaBB God
*****
Posts: 3,885
United Kingdom


Political Matrix
E: -4.39, S: -6.96

P P
Show only this user's posts in this thread
« Reply #3 on: September 14, 2020, 01:19:06 PM »

Yeah, the only real requirement is that election day for the electors be the Tuesday next after the first Monday in the month of November regardless of whether the voters or the legislature does so. (3 USC 1).

That said, the electors haven't been appointed by a State legislature since 1876, when Colorado did it.

If I am not mistaken, some states voted for electors individually until more recently. Do you until when and which states they were?
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,156
United States


Show only this user's posts in this thread
« Reply #4 on: September 14, 2020, 01:42:02 PM »

Yeah, the only real requirement is that election day for the electors be the Tuesday next after the first Monday in the month of November regardless of whether the voters or the legislature does so. (3 USC 1).

That said, the electors haven't been appointed by a State legislature since 1876, when Colorado did it.

If I am not mistaken, some states voted for electors individually until more recently. Do you until when and which states they were?

I believe Alabama last had a split delegation because of individual election of electors in 1960, and that they changed that law by 1975, if not earlier.  Whether there were more recent elections than 1960 in which it would have been possible for a voter in some State to elect specific electors, but which didn't affect the State's results, I can't say.
Logged
ChrisMcDanielWasRobbed
KYtrader
Jr. Member
***
Posts: 463


Show only this user's posts in this thread
« Reply #5 on: September 17, 2020, 08:04:33 PM »

I think all states should go back to appointing their presidential electors by the legislature. It sure would save an extremely long and polarizing election cycle. We should also repeal the 17th amendment for the same reason.
Logged
Bakersfield Uber Alles
Fubart Solman
Junior Chimp
*****
Posts: 9,741
United States


Show only this user's posts in this thread
« Reply #6 on: September 21, 2020, 02:12:59 PM »

Yeah, the only real requirement is that election day for the electors be the Tuesday next after the first Monday in the month of November regardless of whether the voters or the legislature does so. (3 USC 1).

That said, the electors haven't been appointed by a State legislature since 1876, when Colorado did it.

If I am not mistaken, some states voted for electors individually until more recently. Do you until when and which states they were?

You could make the argument that Maine and Nebraska do to some extent given how they allot their Electoral Votes.

I think it would be interesting if a state made electoral college districts (especially a small state with only one or two congresscritters) that did not have any statewide allocation, but I digress.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.034 seconds with 12 queries.