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this post was submitted on 30 Jan 2024
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politics
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It's legislation. The dem governor will veto it, and the courts would laugh at it.
Would the courts laugh at it? I believe it is up to the states to decide how they want to choose their electors, and it is just tradition that dictates they go to the popular vote. In fact, this is the way the National Popular Vote Interstate Compact is designed to get rid of the electoral college.
I would bet they WANT to courts to come in and decide that a state MUST deliver their delegates to the popular vote so that the NPVIC is dead in the water.
I hadn't realized how well the NPVIC was doing. It's currently at 205 Electoral votes with legislation pending in other states that would bring it past the 270 vote trigger that would end the Electoral Collage. In theory, if enough of the pending states come through before July, it could go into effect for this coming election. That is amazing!
Not so sure about this part. The states can more or less assign electors as they please, following the laws of that state. Currently that means that 48 of them assign all electors to the statewide popular vote winner and 2 assign two electors to the statewide popular vote winner and one to the popular vote winner in each House district. I don't know that there's a legal basis to shoot down just having the legislature pick regardless of the popular vote, no different than a state could assign their electors based on the national popular vote rather than that of their state (hence a certain interstate compact that will probably never get enough states on board to become active).