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To: BuffaloJack

The Constitution is very clear. Try to circumvent the electoral process and your votes will not be counted. The states EV is allocated when the state carries the vote. No indication is given for popular vote.


30 posted on 03/03/2019 6:10:45 PM PST by DownInFlames (Galsd)
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To: DownInFlames; BuffaloJack
"The Constitution is very clear. Try to circumvent the electoral process and your votes will not be counted. The states EV is allocated when the state carries the vote. No indication is given for popular vote."

The states may craft their own laws that require their electoral college voters to vote a certain way. See above, and below for more info.

Are there restrictions on who the Electors can vote for?

There is no Constitutional provision or Federal law that requires Electors to vote according to the results of the popular vote in their states. Some states, however, require Electors to cast their votes according to the popular vote. These pledges fall into two categories—Electors bound by state law and those bound by pledges to political parties.

The U.S. Supreme Court has held that the Constitution does not require that Electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees. Some state laws provide that so-called "faithless Electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector. The Supreme Court has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution. No Elector has ever been prosecuted for failing to vote as pledged.

Today, it is rare for Electors to disregard the popular vote by casting their electoral vote for someone other than their party's candidate. Electors generally hold a leadership position in their party or were chosen to recognize years of loyal service to the party. Throughout our history as a nation, more than 99 percent of Electors have voted as pledged.

The National Association of Secretaries of State (NASS) has compiled a brief summary of state laws about the various procedures, which vary from state to state, for selecting slates of potential electors and for conducting the meeting of the electors. The document, Summary: State Laws Regarding Presidential Electors, can be downloaded from the resources/elections menu on the NASS website.

https://www.archives.gov/federal-register/electoral-college/electors.html#restrictions

50 posted on 03/03/2019 6:30:21 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: DownInFlames
The Constitution says in Article 2, Section 1: President and Vice President, Clause 2: Method of choosing electors:
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.
The Twelfth Amendment to the United States Constitution provides the procedure for electing the President and Vice President. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned. Key text of Amendment XII below...
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed

Wiki -->

"While the Twelfth Amendment did not change the composition of the Electoral College or the duties of the electors, it did change the process whereby a President and a Vice President are elected. The new electoral process was first used for the 1804 election. Each presidential election since has been conducted under the terms of the Twelfth Amendment.

The Twelfth Amendment stipulates that each elector must cast distinct votes for President and Vice President, instead of two votes for President. Additionally, electors may not vote for presidential and vice-presidential candidates who both reside in the elector's state—at least one of them must be an inhabitant of another state."

If a state legislature decides to appoint its electors based on the national popular vote, how exactly does that run afoul of the Constitution? It is completely within the state's purview to decide how to appoint its electors.
89 posted on 03/03/2019 7:23:32 PM PST by ProtectOurFreedom
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To: DownInFlames

Unfortunately, nothing in the Constitution specifies HOW or for whom the Electors must vote. Occasionally one strays off the reservation and votes for someone to whom he was not committed but it is rare.


121 posted on 03/03/2019 8:50:35 PM PST by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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