September 13, 2007

GOP-Supported California Ballot Measure is Unconstitutional

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Remember how the GOP’s law firm in California is supporting a ballot measure to change the way the state awards electoral votes? (A move that could hand the Republicans the Presidential election.) Well, it turns out that it’s “patently unconstitutional“. Doug Kendall explains in Slate:

The U.S. Constitution prohibits a ballot measure that would trump a state legislature’s chosen method of appointing electors. In Article II, Section 1, the Constitution declares that electors shall be appointed by states “in such manner as the Legislature thereof may direct.” That’s legislature.

Tough luck, guys. Guess this race goes back to “Leans Democratic.”

—Nick Baumann

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