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View Diary: Who's Afraid of the Popular Vote? (128 comments)

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  •  State's Results Are/Will Be Treated as Conclusive (0+ / 0-)

    The U.S. Constitution specifically permits diversity of election laws among the states because it explicitly gives the states control over the conduct of presidential elections (article II)

    The National Popular Vote compact is patterned directly after existing federal law and preserves state control of elections and requires each state to treat as "conclusive" each other state's "final determination" of its vote for President.

    The common nationwide date for meeting of the Electoral College has been set by federal law as the first Monday after the second Wednesday in December.  With both the current system and the National Popular Vote approach, all counting, recounting, and judicial proceedings must be conducted so as to reach a "final determination" prior to the meeting of the Electoral College.  In particular, the U.S. Supreme Court has made it clear that the states are expected to make their "final determination" six days before the Electoral College meets.

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