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View Diary: Pennsylvania Republicans propose awarding state's electoral votes by congressional district (203 comments)

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  •  already we have problems... (1+ / 0-)
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    ManhattanMan
    A national popular vote is a bad idea. Any individual state can jigger voting registration requirements and poll closings to boost their own vote total.

    Not just jigger to boost their vote totals, we have drastically different voting systems currently. For instance, all absentee voting in WA and OR contrasted with states which allow very little absentee voting! Even if states aren't intentionally trying to run up their totals we would have to resolve those differences in order to make this fair...

    •  States Have Exclusive Control of Their Elections (0+ / 0-)

      The Founding Fathers and the U.S. Constitution permits states to conduct elections in varied ways.

      The Founding Fathers left the choice of method for selecting presidential electors exclusively to the states by adopting the language contained in section 1 of Article II of the U.S. Constitution-- "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ."   The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

      Neither the current system nor the National Popular Vote compact permits any state to get involved in judging the election returns of other states.  Existing federal law (the "safe harbor" provision in section 5 of title 3 of the United States Code) specifies that a state's "final determination" of its presidential election returns is "conclusive"(if done in a timely manner and in accordance with laws that existed prior to Election Day).  

      Current federal law (Title 3, chapter 1, section 6 of the United States Code) requires the states to report the November popular vote numbers (the "canvas") in what is called a "Certificate of Ascertainment." They list the electors and the number of votes cast for each.  The Congress meets in joint session to count the electoral votes reported in the Certificates of Ascertainment. You can see the Certificates of Ascertainment for all 50 states and the District of Columbia containing the official count of the popular vote at the NARA web site

      •  And doesn't that make things interesting!?! (0+ / 0-)
        Neither the current system nor the National Popular Vote compact permits any state to get involved in judging the election returns of other states.

        So say Nebraska announces that the Republican candidate won by 1 billion votes to 1 million?

        And then DC says that the Democrat won by 1 trillion votes to 1 billion?

        Can you imagine the gaming in deep Red/Blue states with vote totals if each state gets to decide its own numbers?!?

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