C
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It seems like the constitutionality could be challenged if such a law went into effect. It seems that it would interfere with the intent of the US electoral system. It would mean people would still be “pledged” to support a particular candidate but expected to support the popular vote winner of the country. What about their pledge? Do you think Bill Clinton, a Democratic elector for NY State, would have voted for Trump if Trump had won the US popular vote? The Electors are usually hard core party people. No state law can successfully prosecute an elector for following his pledge.
Even if the states ratifying the interstate measure reach the 270 vote point, that system could collapse anytime any of the states choose to opt out of the interstate compact, if the (still) participating states now represent less than 270. So it could collapse even in an election year.
If this measure has been in progress for 10 years, suppose they reach the 270 vote point by 2020. That means some states would not have voted on it for 14 years. Would they **all **have to re-ratify the measure in 2020? Normally there is a sunset provision, a time limit for ratification, on these delayed-go-into-effect measures. What if they did not get 270-vote states until 2030 or 2040? The whole legislature has turned over from the earliest ratifiers.
Probably the biggest hurdle would be the various state constitutions. I think all the states so far have only passed legislation, don’t think any states have amended their constitutions. Given the variety of constitutions, I would be shocked if none of the 15 or whatever ratifying states would have state constitutional issues, that could take years of litigation. Up to now no one has challenged it to my knowledge, because nothing is in effect.
Even if the states ratifying the interstate measure reach the 270 vote point, that system could collapse anytime any of the states choose to opt out of the interstate compact, if the (still) participating states now represent less than 270. So it could collapse even in an election year.
If this measure has been in progress for 10 years, suppose they reach the 270 vote point by 2020. That means some states would not have voted on it for 14 years. Would they **all **have to re-ratify the measure in 2020? Normally there is a sunset provision, a time limit for ratification, on these delayed-go-into-effect measures. What if they did not get 270-vote states until 2030 or 2040? The whole legislature has turned over from the earliest ratifiers.
Probably the biggest hurdle would be the various state constitutions. I think all the states so far have only passed legislation, don’t think any states have amended their constitutions. Given the variety of constitutions, I would be shocked if none of the 15 or whatever ratifying states would have state constitutional issues, that could take years of litigation. Up to now no one has challenged it to my knowledge, because nothing is in effect.