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View Diary: If it is not stopped, the Republican war on democracy will tear this nation apart (264 comments)

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  •  Even more extreme possibility (2+ / 0-)
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    Sister Havana, ranton

    In the horror show that was Bush v Florida, Scalia commented that a state can allocate its electoral votes however it chooses, even (this was his example) having the state legislature, not the voters, decide who gets them. (This he said would be legal because the voters elected the legislature).

    I'd like an election lawyer to comment on this - is this something post-2014 a combined Repub leg/gov combo in one of these states could enact? (That is, deciding that they'll be the voters choosing the electors themselves, thus ensuring 100% Repub votes). If Scalia is right (I assume it would be challenged, but what if he got a majority), might not some of these zealots be tempted to do this after it was too late to unelected them before 2016?

    Sorry to be alarmist, but at this point we need to anticipate the worst.

    On a related point - over the years I have regularly said to our great Dem friends in Nebraska who were understandably thrilled at the 1 EV Obama got in 2008 that were I Nebraska Dem I'd be leading the charge to have Nebraska revert to winner take all. This is exactly why I said this - messing with the present system would only make things worse for Dems.

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