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riversedge

(70,242 posts)
Fri Nov 25, 2016, 01:15 PM Nov 2016

The electoral college vs. the popular vote: Could states do an end-run around the current system?

Per this article, So far only blue states have signed onto the Compact---"Over a decade, 10 states and the District of Columbia -- which add up to 165 electoral votes -- have passed laws to join the compact. So 105 more electoral votes are needed before it can go into effect.

The current states in the compact are Hawaii, Illinois, Maryland, Massachusetts, New Jersey, Washington, Vermont, California, Rhode Island and New York." Long ways to go.







http://www.politifact.com/florida/article/2016/nov/17/electoral-college-vs-popular-vote-could-states-a/

The electoral college vs. the popular vote: Could states do an end-run around the current system?

By Amy Sherman on Thursday, November 17th, 2016 at 11:39 a.m.





Our conclusion

Ten states and the District of Columbia have signed on to the National Popular Vote Interstate Compact, in which states agree to award all their electoral votes to the winner of the national popular vote. The compact only takes effect when states totalling 270 electoral votes sign on, and so far the effort still falls short of that.

This plan would not eliminate the Electoral College, but it would dramatically alter its purpose, because electors would cast their votes based on the national popular vote. Battleground states would become obsolete, and candidates would concentrate on winning the most number of votes nationwide.

If enough states ever sign on, the plan would likely face a court challenge, with the Supreme Court getting to rule on whether the plan passes constitutional muster. That’s a future scenario we can’t predict.

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The electoral college vs. the popular vote: Could states do an end-run around the current system? (Original Post) riversedge Nov 2016 OP
I think it's possible that it could pass Supreme Court muster SickOfTheOnePct Nov 2016 #1
Might as well try. IMHO riversedge Nov 2016 #2
Yep n/t SickOfTheOnePct Nov 2016 #3
Other Blue states need to wake up. they are the best hope. riversedge Nov 2016 #4
The compact would be politically unstable, but I fail to see why the Supreme Court would intervene. tritsofme Nov 2016 #6
The compact would be on very shaky ground, and would probably fail the first time tritsofme Nov 2016 #5

SickOfTheOnePct

(7,290 posts)
1. I think it's possible that it could pass Supreme Court muster
Fri Nov 25, 2016, 01:17 PM
Nov 2016

but hard to tell.

I don't believe we'll ever be able to amend the Constitution to get rid of the EC, so this might be the only possible way around it.

tritsofme

(17,379 posts)
6. The compact would be politically unstable, but I fail to see why the Supreme Court would intervene.
Fri Nov 25, 2016, 03:39 PM
Nov 2016

The Constitution clearly gives states the power to determine how they choose electors.

Article 2 Section I:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress

tritsofme

(17,379 posts)
5. The compact would be on very shaky ground, and would probably fail the first time
Fri Nov 25, 2016, 03:30 PM
Nov 2016

there was an election such as this year, where the traditional electoral vote and popular vote diverged.

Suppose the opposite of this year played out under the compact, that Trump won a narrow popular vote victory, but Hillary would have gained a slight victory in the traditional electoral vote.

If California provided a decisive number of electoral votes to the compact, do you really believe they would carry through and send their electors to Trump, despite Hillary winning 60+% of the vote in the state? Or would they dissolve the compact and make her president? What would DU have wanted California to do in that situation?

Current state legislators cannot bind future ones, and they will act according to their own interest at the time. If eliminating the electoral college is something you want to do, it must be done by amending the Constitution.

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