SCOTUS to review "independent state legisilature" theory regarding federal elections next term (user search)
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  SCOTUS to review "independent state legisilature" theory regarding federal elections next term (search mode)
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Author Topic: SCOTUS to review "independent state legisilature" theory regarding federal elections next term  (Read 2059 times)
Tartarus Sauce
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Posts: 3,363
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« on: June 30, 2022, 11:43:29 AM »

This past week has been a cause for way too much stress and anxiety. I am deeply worried about the the continuing capacity of our democratic institutions to prevent our civil fabric from unravelling.
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Tartarus Sauce
Sr. Member
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Posts: 3,363
United States


« Reply #1 on: June 30, 2022, 01:58:49 PM »

There's really nothing preventing state legislatures from assigning electors now, just that all 50 states have laws requiring them to go to the winner of the popular vote in that state and it's such a radical position to repeal it that even the Republican Legislatures and Governors aren't willing to. Someone like Mastriano would be willing to buy still unclear if he could get such a bill passed.

Repealing it after the election would probably be struck down by even the most conservative court as an ex post facto law and we saw how interested courts were in Trump's post-election attempts. Still any case that would potentially push gerrymandering even further is quite worrisome.

I don't think this is true.
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Tartarus Sauce
Sr. Member
****
Posts: 3,363
United States


« Reply #2 on: June 30, 2022, 02:06:35 PM »

There's really nothing preventing state legislatures from assigning electors now, just that all 50 states have laws requiring them to go to the winner of the popular vote in that state and it's such a radical position to repeal it that even the Republican Legislatures and Governors aren't willing to. Someone like Mastriano would be willing to buy still unclear if he could get such a bill passed.

Repealing it after the election would probably be struck down by even the most conservative court as an ex post facto law and we saw how interested courts were in Trump's post-election attempts. Still any case that would potentially push gerrymandering even further is quite worrisome.

I don't think this is true.

It's not technically true because of EV-by-CD in Maine and Nebraska, but all states make laws on how electors are chosen and 48 states do require that they are chosen by statewide popular vote.  There has been no serious attempt to change this post-2020 even in Republican trifecta swing states.

Is this in regards to which elector slates get chosen? Because they definitely don't all have enforcement provisions for faithless electors.
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