[EL] National Popular Vote Passes Crucial Milestone

[Richard Winger]

There have been many instances in the past in which states decided who should become that state's presidential electors, based on events that happened outside that state's borders.  

South Carolina's legislature chose that state's presidential elections, in all presidential elections before the Civil war.  In 1832, the legislature was so displeased with Andrew Jackson's fierce stance against nullification by any state, the legislature chose presidential electors who promised to vote against both Jackson and Henry Clay.  South Carolina's legislature acted similarly in 1836, deliberately choosing presidential electors who promised to vote against Martin Van Buren and to also vote against the various Whig Party presidential nominees (the Whig Party had 3 presidential nominees in 1836).

--- On Fri, 6/10/11, Tara Ross <tara at taraross.com> wrote:

From: Tara Ross <tara at taraross.com>
Subject: Re: [EL] National Popular Vote Passes Crucial Milestone
To: "Michael McDonald" <mmcdon at gmu.edu>, law-election at uci.edu
Date: Friday, June 10, 2011, 9:59 AM

Well, at least one significant departure is NPV's insistence on acting only in concert with other states.  So I go back to one of my earlier points: If a state like Massachusetts TRULY believes that it's in Massachusetts's best interest to give its electors to the winner of the national popular vote, then it should do so immediately. It does not need to wait for other states to jump on board and make similar decisions. Its insistence on acting only with other states is problematic and makes the interstate compact look like an end run around the constitutional amendment process.

Another significant departure is that this would be the first time that a state awards electors based on some consideration other than what is happening within its own borders.



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