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Yesterday's megathread

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  • TelestialBeing [he/him]
    ·
    4 years ago

    Re: the first part: https://en.wikipedia.org/wiki/Faithless_elector?wprov=sfla1

    On the second point, are you sure that's not regarding how the state chooses the means electing electors? My understanding is that the electors have been elected by the public and that's that. But I'm not a law professor, of course.

    • boredymcbored [she/her]
      ·
      4 years ago

      Ahh, thanks for the resource, that eases my mind a bit. It's not as cut and dry as I thought with legislators picking the electors. That muddies up the waters a bit. The wikipedia article does say that the law has no enforcement mechanism (what does that even mean?) and spitballing here, Trump could just pardon anyone that gets into trouble for that, but it would take TONS of balls to do all that which IDK Trump is up to. Hmmm. I feel better but still not great. Hell, I'm probably the paranoid one thinking THAT far ahead.

      2nd point, I think I was taking what that law prof said as what happens in every state in this country, but I'm realizing it varies between state. Some are elected, some I guess are picked by the legislature. He was talking about specifically PA but our country has so many different convoluted ways of picking things. We suck lol. OK, I'm realizing this is a very VERY uphill battle and unless Trump is picking the right people around him to make this work, I don't know if he specifically can pull this off. This worries me in the future but as for now, I'll just wait and see.

      • TelestialBeing [he/him]
        ·
        4 years ago

        The constitution gives each state the right to decide how their electors will be chosen. In the past some were elected by the legislature, but for a long time each state has chosen to have them elected directly. It's possible Pennsylvania does give the legislature some power to override the popular vote, but it seems unusual. Also, I may be wrong, but my understanding is that the president's power of pardon only applies to federal crimes, whereas these are state laws.

        The supreme court this year ruled that states have the authority to make it illegal for electors to break their pledge, and to punish them if they do (with jail, fines, whatever). What's less clear, iirc, is whether the state can actually stop them from casting the faithless vote instead of just punishing them after-the-fact.