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In voting to end electoral college, Maryland dares to go where Schwarzenegger wouldn't
Los Angeles Times ^ | April 12, 2007 | George Skelton:

Posted on 04/12/2007 8:41:31 PM PDT by FairOpinion

The governor of Maryland did Tuesday what the governor of California should have done last fall: sign a bill making his state the first to begin junking the electoral college.

At least, chuck the electoral college as it has evolved. Circumvent the relic, render it moot and elect America's president by popular vote.

The bill makes Maryland the first state to sign an interstate compact that obligates each signatory to cast all its electoral votes for the presidential candidate who wins the national popular vote. The compact won't go into effect unless it's signed by enough states to comprise a majority of the electoral college vote.

Gov. Arnold Schwarzenegger vetoed an identical bill after studying the measure for, it seemed, about three seconds. "It disregards the will of a majority of Californians," he said in his veto message, pointing out that the state's electoral votes could be awarded to a candidate most Californians didn't favor.

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: California; US: Maryland
KEYWORDS: california; elections; electoralcollege; maryland; popularvote; schwarzenegger
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To: FairOpinion

You can bet that if a Republican gets a majority of votes, Maryland will ignore this law and cast our Electoral College votes for the Democrat who will surely win here.


21 posted on 04/12/2007 9:42:17 PM PDT by VanShuyten ("By the simple exercise of our will, we can exert a power for good practically unbounded, etc, etc.")
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To: FairOpinion
The honest way to negate the Electoral College, would be to amend the Constitution, as was done with the change to direct election of Senators. Although, I still don't understand how they got the state legislatures to give up the power to pick Senators.

But one can always count on the "Progressives" to do an end run around the Constitution, rather than do the honest thing.

22 posted on 04/12/2007 9:58:07 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: xzins
Constitutionally, the legislature has broad latitude to appoint the electors. However, once they declare a popular election to determine the electors, as all 50 legislatures have done, they become very constrained by Federal Election Laws.

I'm no expert on Federal Election Law, but I doubt that Maryland's scheme would hold up to a challenge.

23 posted on 04/12/2007 10:08:34 PM PDT by rhinohunter (Even I have a better chance than Hagel)
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To: VanShuyten
You can bet that if a Republican gets a majority of votes, Maryland will ignore this law and cast our Electoral College votes for the Democrat who will surely win here.

The MD legislature should just cut to the chase and cease to have popular election of Electors. Then they can just appoint the Electors themselves. Hard to imagine that the MD leg would ever be anything other than rat-controlled so they could guarantee MD EVs to the rats in perpetuity.

This would be entirely constitutional too.

24 posted on 04/12/2007 10:17:20 PM PDT by rhinohunter (Even I have a better chance than Hagel)
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To: FairOpinion

Count me in as the one who said, in 2000, that the Dems were going to cheat all across the country. The ‘popular vote’ is so easily manipulated that I doubt that any Republican would manage a win anywhere ever again.


25 posted on 04/12/2007 10:35:28 PM PDT by originalbuckeye (I want a hero....I'm holding out for a hero (politically))
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To: kinoxi
Even if a majority of the electoral college does adopt this interstate method of casting their electoral votes, they still must deal with Article I Sec.10 of the US constitution which states and get the approval of Congress. Article I Sec.10 states that:

No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

26 posted on 04/13/2007 1:55:34 AM PDT by old republic
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To: old republic
Lots of other problems too. like, the disenfranchisement of the maryland voter, and what constitutes the national vote total since its done differently in every state..eg no national standards for conducting the vote....

But, facts and realities don't get in the way of a demorat movement.... witness global warming.

27 posted on 04/13/2007 4:35:03 AM PDT by cb
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To: cb

this will never hold up but in omalley’s mind... disenfranchisement of the voter is too obvious to any self-righteous maryland court and will not hold water...

there will be no need though to implement a lawsuit, the dream of a 2000 redo will only hurt the dems...

teeman


28 posted on 04/13/2007 5:15:40 AM PDT by teeman8r ( (optional, printed after your name on post):)
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To: FairOpinion
Article II Section 1

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: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

If Maryland chooses to appoint electors based on the outcome of the popular vote.......they may be within their rights..........

Interesting.

29 posted on 04/13/2007 5:26:26 AM PDT by WhiteGuy (GOP Congress - 16,000 earmarks costing US $50 billion in 2006 - PAUL2008)
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To: FairOpinion
Article II Section 1

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: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

If Maryland chooses to appoint electors based on the outcome of the popular vote.......they may be within their rights..........

Interesting.

30 posted on 04/13/2007 5:26:27 AM PDT by WhiteGuy (GOP Congress - 16,000 earmarks costing US $50 billion in 2006 - PAUL2008)
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To: WhiteGuy
But to be honest with their people, they will have to tell them their vote is not going to decide Maryland's electors. Their votes are just being dumped into the mythical "popular vote" pool. Maryland's electors are going to be chosen by NY, TX, CA, FL. What a great way to suppress voting.

So what if one state decides not to publish a popular vote total? For example, they don't count the absentee ballots unless the race is close enough that they'll make a difference. Can Maryland force that state to violate its own election laws just so the "popular vote winner" can be know? If that state refuses, and the popular vote is not know, how will Maryland allocate its electors? By its own popular vote? But they told the voters a different story, that their electors would not be determined by Maryland's votes.

If there's popular vote confusion and one key state decides to allocate its electors based on its own popular vote, then the compact falls apart because there aren't 278 electoral votes being decided by the national popular vote anymore. Again the voters went to the polls under false pretenses and that would be contestable.

Perhaps Maryland will develop a finite-state machine to inform the voters what they are voting for. If A, B or C become the final state, you're voting for Maryland's electors. If D, E, F or G result, then you're not. Got that?

31 posted on 04/13/2007 6:24:50 AM PDT by Dilbert56
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To: Dilbert56

Your points are good and valid.

I’m not debating the practical ramifications of their decision.

My forst thought was simply, “Is this action constitutional?” It appears that it certainly could be.

The decisions made by the citizens of Maryland are theirs alone to make, good or bad.


32 posted on 04/13/2007 7:18:35 AM PDT by WhiteGuy (GOP Congress - 16,000 earmarks costing US $50 billion in 2006 - PAUL2008)
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To: All
Here’s a scenario. Unlikely, but not impossible. Candidiate A narrowly wins the popular vote, say by 500,000 votes nationwide. In those states that comprise the compact states of the 270 electoral votes given to the overall popular winner, Candidate B actually garners more votes. In the remaining states, the vote is overwhelmingly for Candidate A. In this case, ONLY the citizens living in the compact states have had their votes ignored.
33 posted on 04/13/2007 7:32:49 AM PDT by SoCal Pubbie
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To: WhiteGuy
I"ve been thinking about the constitutionality of this idea. I’m not a lawyer, I don’t play one on TV and I think clearly, so maybe I don;t belong in the courthouse, but here's my thought.

The Constitution guarantees a republican form of government, while also allowing states to select the method of selection of electors. However, in this case, they are not selecting but rather delegating the choice, at least in part, to the voters of other states. That violates the republican form of government, as the electors represent only voters within the state. It’s as if California decided to award the electoral votes by a three man committee of the state’s governor and secretary of state, and the mayor of New York City. It violates the principles of representation.
34 posted on 04/13/2007 7:41:56 AM PDT by SoCal Pubbie
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To: SoCal Pubbie
"I"ve been thinking about the constitutionality of this idea. I’m not a lawyer, I don’t play one on TV and I think clearly, so maybe I don;t belong in the courthouse."

Yeah, ditto!

You make a good point, this one might end up in court.....

35 posted on 04/13/2007 7:54:07 AM PDT by WhiteGuy (GOP Congress - 16,000 earmarks costing US $50 billion in 2006 - PAUL2008)
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To: FairOpinion

bump


36 posted on 04/13/2007 5:55:34 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: WhiteGuy
If Maryland chooses to appoint electors based on the outcome of the popular vote.......they may be within their rights..........

How about if they base the appointment of their electors on the popular vote of another state? That violates the first two clauses of the 14th A., and the guarantee of a Republican form of government for each State. Not to mention the Interstate agreement clause.

37 posted on 04/13/2007 6:09:30 PM PDT by LexBaird (98% satisfaction guaranteed. There's just no pleasing some people.)
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To: FairOpinion
Here is the proverbial picture worth 100 words on why basing the Presidential election on popular vote is a really bad idea.


38 posted on 04/13/2007 6:16:29 PM PDT by LexBaird (98% satisfaction guaranteed. There's just no pleasing some people.)
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To: FairOpinion

The governor of Maryland Lilmarty O’Mally once said George Bush was a greater threat to America than Osama Bin Laden.

Lilmarty and the hard core left running Maryland would eliminate a multiparty political system if they could get away with it.


39 posted on 04/13/2007 6:31:01 PM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: LexBaird
How about if they base the appointment of their electors on the popular vote of another state? That violates the first two clauses of the 14th A., and the guarantee of a Republican form of government for each State. Not to mention the Interstate agreement clause.

It's technically not an agreement. Each state can claim to be acting unilaterally given these criteria.

I think this is clearly constitutional. The phrase "in such Manner as the Legislature thereof may direct" is pretty clearcut.

40 posted on 04/13/2007 7:15:55 PM PDT by zendari
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