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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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    the point is, that if you're going to use a popular vote to determine which candidate wins, then you have to make the election fair. If you don't use a popular vote, well then, there's not much to be done about it.

    So it's constitutional to have an official's party select his appointed replacement if he resigns or dies in office (as happens with some state and local elections). But it would not be constitutional to weight voters from a particular party more heavily (i.e., give Democrats 2 votes for every 1 vote cast by a Republican) in an election.

    And I think if a state legislature adopted this "no vote" system for purely partisan reasons, or—even worse—in order to deny a minority the ability to vote in a presidential election, they might still be in violation of the constitution.

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