On the Subject of Selection of Presidential Electors

[MineralMan]

For some reason, people are talking about some sort of right-wing takeover of the process of choosing electors in our various states. States control all elections in this country. Each state has laws regarding the selection of electors in presidential elections. None of those laws make provisions for what some people are worried about - the delegation of electors by state legislators.

Regardless of what the Constitution has to say about this, each state has its own laws dictating how electors will be chosen. It's a matter of a simple Google search to discover what those laws say. I have done that search, and have found a PDF file that is a summary of the laws of all 50 states.

If someone tells you that states can suddenly decide to have their legislators, rather than the voters, choose electors, I recommend reading this document. There are laws that apply that would have to be changed, and traditions deeply ingrained in our system of government that would prevent such laws being passed on short notice.

I recommend looking at the document below and calming your nerves down over this nonsense:

https://www.nass.org/sites/default/files/surveys/2020-08/summary-electoral-college-laws-aug2020_0.pdf

[Just_Vote_Dem]

1. Thank you

I've seen a lot of worry over the past few days on DU and I've tried to post some positive, hopefully factual things as well. It's bad for sure, but not quite as bad as some may think. Thanks again.

[rzemanfl]

2. The PSYOP got the level of distraction it hoped for out of this.

Low-information voters may have been influenced. A lot of liberal minds were misdirected into dealing with it. Putin probably gave out bonuses to the people who devised and marketed this crap.

[Just_Vote_Dem]

3. Agreed-I think most of this nonsense came straight from there n/t

[Dream Girl]

4. Thanks for taking the time to research this MM!

I’m starting to breathe a bit.

[MineralMan]

5. It took only a minute:

I searched Google for 'state laws on selection of presidential electors.' The link I posted was the second result. Almost everything is easily found using Google if you search carefully.

However, I'm glad you're breathing easier!

[Laelth]

6. Legislatures write laws. Legislatures can replace old laws with new ones.

By definition, legislatures are not bound by old laws when they replace them with new laws. By definition, everything that a given legislature does is legal because legislatures write the laws.

In this case, we’re worried about some key states changing their rules at the last minute to allow their legislatures to select electors in a way that does not comport with the apparent vote totals. They will argue “election fraud” as the basis for this change. Here are the states at issue: FL, PA, OH, MI, WI, IA, AZ. Democratic governors in PA, MI, and WI could veto their legislatures, and, assuming that their vetoes were not overridden, the old, popular-vote method of selecting electors would remain the law, but those states with Republican Governors are susceptible to this kind of last-minute change in the rules.

I am expecting a Biden landslide that makes this discussion moot, but I will not pretend that legislatures can not change their own laws. They are not bound by their own laws, so the fact that there are laws on the books already regarding the selection of electors is irrelevant. Those laws can be changed, and they can be changed quickly. That’s what legislatures do. They are empowered to write, and, if they so choose, to re-write (i.e. change) the law.

-Laelth

[TheRealNorth]

9. Thanks - this is what I was thinking too

I would add NC to the list, luckily there is Democratic governor to veto, although the Dems in the state legislator (along with the other legislators) will have to keep alert for ambush veto overrides (like they did in NC) if the Republicans try it.

[TheRealNorth]

10. I think this also makes it clear

the "safest" path to victory is through the "blue wall" states where the governors could block any shenanigans with the electoral votes. If it somehow came down to AZ or FL because we lost PA or WI, I don't trust the Republicans not to steal it.

[MineralMan]

11. Yes, of course state legislatures can change laws.

However, such changes do not occur quickly as a rule, and state legislatures are often limited in the periods that they are in session.

For this year's election, it seems highly unlikely that any such changes will take place. The process is too complicated and fraught with perils to make such a thing even slightly likely.

There are many things that could happen in theory, but that are very unlikely to happen in the short time between an election and the selection of electors. I don't think it's possible, actually, even in a single state.

[Laelth]

12. Ultimately, I agree with you.

I don’t see this happening, but recall that the Florida legislature was considering such a move in 2000. It COULD happen, but I suspect that the SCOTUS would step in and declare Trump re-elected first.

Still expecting a Biden landslide that makes this discussion moot.

-Laelth

[MineralMan]

14. Yes. I hope for a landslide, too.

[Wicked Blue]

7. K&R

Nice try, Putin

[Coleman]

8. The Florida legislature during Gore v. Bush

Had already started working on laws that would permit them to select the electors. In public they said they were worried that the recount if approved by the Supreme Court would take too long and the FL electors would be left out of the official electoral vote. In private, of course, they were concerned that Gore would win a recount.

[crickets]

13. Ultimately, Al Gore did win the recount.

The news was buried by the September 11th attacks. You make a good point, though.