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Tue Oct 27, 2020, 06:51 PM

Can voters have their state "join" the National Popular Vote Compact via ballot initiative?

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Reply Can voters have their state "join" the National Popular Vote Compact via ballot initiative? (Original post)
In It to Win It Oct 2020 OP
SheltieLover Oct 2020 #1
regnaD kciN Oct 2020 #2
Goodheart Oct 2020 #4
TwilightZone Oct 2020 #6
Goodheart Oct 2020 #13
In It to Win It Oct 2020 #5
TwilightZone Oct 2020 #7
Statistical Oct 2020 #9
In It to Win It Oct 2020 #12
TwilightZone Oct 2020 #8
hlthe2b Oct 2020 #14
Goodheart Oct 2020 #3
Statistical Oct 2020 #10
bluedigger Oct 2020 #11
brooklynite Oct 2020 #15

Response to In It to Win It (Original post)

Tue Oct 27, 2020, 06:52 PM

1. I sure the hell hope so!

This bs of being held hostage by a few states is insane!

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Response to In It to Win It (Original post)

Tue Oct 27, 2020, 06:53 PM

2. The Compact is almost certainly unenforceable...

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Response to regnaD kciN (Reply #2)

Tue Oct 27, 2020, 06:53 PM

4. How do you figure?

"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."

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Response to TwilightZone (Reply #6)

Tue Oct 27, 2020, 08:10 PM

13. Granted, a compact among states might be unconstitutional, BUT

the pledge to appoint electors to the national popular vote winner doesn't need to be a "compact" at all... just a position within each state itself.

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Response to regnaD kciN (Reply #2)

Tue Oct 27, 2020, 06:59 PM

5. I've always thought "Compact" was the wrong word to use

As far as I'm aware states get to decide the rules for how their electoral votes are awarded.

I've always thought that "compact" implies that states agree among each other that they will award their electoral votes under the same rules... which I believe interstate compacts are illegal without congressional approval.

However, if each state sets their own laws (without an actual "compact" ) that they will award their electoral votes to the candidate that wins the national popular vote, I think that's enforceable.

I'm willing to challenge on this because I'm not entirely certain.

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Response to In It to Win It (Reply #5)

Tue Oct 27, 2020, 07:29 PM

9. The name doesn't matter. The intent does.

Legal scholars are in disagreement on if it would require approval of Congress. The good news is lets say it goes into effect in the next two years and someone sues and the Supreme Court rules it requires approval of Congress. Well if we win big in Nov we will have the Congress we need to approve it right?

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Response to Statistical (Reply #9)

Tue Oct 27, 2020, 07:51 PM

12. Well, I'm not necessarily saying that the name matters

What I'm saying that rather than having an actual agreement, states enact their own laws (without having a compact between each other) with rules that they will award their EVs to the national popular vote winner. To make the comparison, its like how each state has enacted their own laws saying you need to have a driver's license to drive a car.. without actually having a compact.

Also... I was thinking the same on getting it a compact approved through congress. I imagine it was have to get through a filibuster, assuming Dems don't get rid of it.

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Response to regnaD kciN (Reply #2)

Tue Oct 27, 2020, 07:25 PM

8. And possibly unconstitutional

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Response to regnaD kciN (Reply #2)

Tue Oct 27, 2020, 08:32 PM

14. Laurence Tribe has written on this and totally disagrees.

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Response to In It to Win It (Original post)

Tue Oct 27, 2020, 06:53 PM

3. Up to each legislature, I'm sure.

And I don't see why not.

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Response to In It to Win It (Original post)

Tue Oct 27, 2020, 07:29 PM

10. It depends on the state. Really no different than any other legislation via ballot initative.

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Response to In It to Win It (Original post)

Tue Oct 27, 2020, 07:40 PM

11. I don't know but I voted for it here in Colorado this year.

So it's got that going for it.

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Response to In It to Win It (Original post)

Tue Oct 27, 2020, 08:43 PM

15. Depends on the State...

Many donít allow iinitiatives.

FWIW - I donít believe youíre uíll. Ed hit the 270 EV threshold to implement the Compactís terms.

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