[EL] National Popular Vote Passes Crucial Milestone

[Scarberry, Mark]

The difference though is that the Constitution does not grant state legislatures authority in these areas that can be "resume[d] at any time" and that "can neither be taken away nor abdicated." As my post of a moment ago noted, that is how the Supreme Court has described the power of state legislatures to determine the manner of appointment of electors.

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
Malibu, CA 90263
(310) 506-4667

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Edward Still
Sent: Wednesday, June 08, 2011 4:24 PM
To: Election Law
Subject: Re: [EL] National Popular Vote Passes Crucial Milestone

Someone raised the question about the 6-month blackout period. I have just checked some Interstate Compacts and found the following Compacts have a lag between the repealer statute and the termination of membership:

Atlantic States Marine Fisheries Commission -- 6 months
Colorado River Compact, 1922 -- no time, but unanimous consent (thus it is much more restrictive than a 6-month waiting period)
Drivers License Agreement -- 90 days
Compact for Education (Educational Commission of the States) -- 1 year
Emergency Management Assistance Compact -- 30 days

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