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Can voters have their state "join" the National Popular Vote Compact via ballot initiative? (Original Post) In It to Win It Oct 2020 OP
I sure the hell hope so! SheltieLover Oct 2020 #1
The Compact is almost certainly unenforceable... regnaD kciN Oct 2020 #2
How do you figure? Goodheart Oct 2020 #4
Info TwilightZone Oct 2020 #6
Granted, a compact among states might be unconstitutional, BUT Goodheart Oct 2020 #13
I've always thought "Compact" was the wrong word to use In It to Win It Oct 2020 #5
Info TwilightZone Oct 2020 #7
The name doesn't matter. The intent does. Statistical Oct 2020 #9
Well, I'm not necessarily saying that the name matters In It to Win It Oct 2020 #12
And possibly unconstitutional TwilightZone Oct 2020 #8
Laurence Tribe has written on this and totally disagrees. hlthe2b Oct 2020 #14
Up to each legislature, I'm sure. Goodheart Oct 2020 #3
It depends on the state. Really no different than any other legislation via ballot initative. Statistical Oct 2020 #10
I don't know but I voted for it here in Colorado this year. bluedigger Oct 2020 #11
Depends on the State... brooklynite Oct 2020 #15

Goodheart

(5,415 posts)
4. How do you figure?
Tue Oct 27, 2020, 06:53 PM
Oct 2020

"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."

Goodheart

(5,415 posts)
13. Granted, a compact among states might be unconstitutional, BUT
Tue Oct 27, 2020, 08:10 PM
Oct 2020

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.

In It to Win It

(8,517 posts)
5. I've always thought "Compact" was the wrong word to use
Tue Oct 27, 2020, 06:59 PM
Oct 2020

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.

Statistical

(19,264 posts)
9. The name doesn't matter. The intent does.
Tue Oct 27, 2020, 07:29 PM
Oct 2020

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?

In It to Win It

(8,517 posts)
12. Well, I'm not necessarily saying that the name matters
Tue Oct 27, 2020, 07:51 PM
Oct 2020

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.

brooklynite

(95,713 posts)
15. Depends on the State...
Tue Oct 27, 2020, 08:43 PM
Oct 2020

Many don’t allow iinitiatives.

FWIW - I don’t believe you’re u’ll. Ed hit the 270 EV threshold to implement the Compact’s terms.

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