Thursday, August 19, 2021

QUORA: What's to stop a state . . . from making a law that just says their parties electors are chosen by default?'

 QUORA: Since the constitution leaves it up to the state legislature on how electors are chosen. What's to stop a state like Texas or Georgia from making a law that just says their parties electors are chosen by default? No elections I think they could.


I posted this answer:


I have no idea what is meant by “by default.”


But Article 2, Section 1, Clause 2 of the United States Constitution reads: 


Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.


This means that the legislature can appoint the Electors. This does not mean, however, “no elections.” The legislators are, after all, elected representatives. This only means that the voters are involved indirectly through the legislators they vote for to represent them. This is perfectly legitimate. Remember that the United States is not a democracy. It is a constitutional republic. The definition of “republic” is 


a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law. 


So the legislature, the “elected officers and representatives responsible to” the voting citizens, can bypass a direct popular vote, and appoint electors themselves. Of course, since the 19th century, the popular vote method has been the “Manner” of choice for all of the states. However, the actual Electors are chosen by political party convention. It is this slate of electors that the voters cast their ballots for. For example, each presidential candidate represents a slate of electors chosen by his respective party. When people vote, they are actually voting for the slate of electors representing their candidate, not the actual candidate. The slate of electors chosen to attend the Electoral College in December is that of the winning candidate, who is chosen by popular vote.


Related Reading:


QUORA: ‘Why does the Electoral College of the United States of America exist?’


Voting Rights are Not the ‘Most Fundamental Right’—or Even a Fundamental Right


Wouldn't going by Popular Vote be an even worse system than the Electoral College?


Was the Electoral College a ‘Compromise to Protect the Institution of Slavery?’


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