So why don’t the four states sign a compact to assign all their electoral votes in 2028 and future presidential elections to the winner of the aggregate popular vote in those four states? Would this even be legal?
It would be legal to make an agreement like this (states are authorized to appoint electors and direct their votes however they like; see Chiafalo v. Washington) but it’s not enforceable in the sense that if one of the states reneges, the outcome of the presidential election won’t be reversed.
Yeah. As I understand it, state legislatures aren’t really restricted in how they assign electoral votes. As in, if it wanted, the TX state legislature could probably say, “We’re not holding a 2024 presidential election. Our electoral votes automatically go to whiever the R candidate is.” What in the Constitution could stop them? It would most likely be political suicide for the state legislators. But within their authority.
Yes, but I don’t see what VRA provisions the cases I listed could violate? Unless you can show state level election discrimination. And the standard for VRA violation is apparently much higher than I think it should be, given the difficulty of stopping or reducing gerrymandering.
Section 2 of the 14th amendment might apply, but it’s at best unclear whether it means there have to be popular elections for choosing electors at all. At the time it passed there were still plenty of people around who remembered when most state legislatures chose electors directly.
TBH, with the current court I think it’s more likely such a case would get the VRA gutted. The constitution explicitly gives state legislatures authority to apportion electors.
Note: this is not the same as trying to overrule popular vote results after an election happens. That got talked about a lot in 2020, I agree it would not be allowed.
It would be legal to make an agreement like this (states are authorized to appoint electors and direct their votes however they like; see Chiafalo v. Washington) but it’s not enforceable in the sense that if one of the states reneges, the outcome of the presidential election won’t be reversed.
Yeah. As I understand it, state legislatures aren’t really restricted in how they assign electoral votes. As in, if it wanted, the TX state legislature could probably say, “We’re not holding a 2024 presidential election. Our electoral votes automatically go to whiever the R candidate is.” What in the Constitution could stop them? It would most likely be political suicide for the state legislators. But within their authority.
Given that the Supreme Court upheld the Voting Rights Act of 1965, state legislatures aren’t able to do just whatever they want without limits.
What those limits would be in a particular case, is something you will only find out when had a few legal battles.
Yes, but I don’t see what VRA provisions the cases I listed could violate? Unless you can show state level election discrimination. And the standard for VRA violation is apparently much higher than I think it should be, given the difficulty of stopping or reducing gerrymandering.
Section 2 of the 14th amendment might apply, but it’s at best unclear whether it means there have to be popular elections for choosing electors at all. At the time it passed there were still plenty of people around who remembered when most state legislatures chose electors directly.
TBH, with the current court I think it’s more likely such a case would get the VRA gutted. The constitution explicitly gives state legislatures authority to apportion electors.
Note: this is not the same as trying to overrule popular vote results after an election happens. That got talked about a lot in 2020, I agree it would not be allowed.