[EL] Does 269-269 worsen the faithless elector problem?

[JBoppjr at aol.com]

Here is the Uniform Faithful Presidential Electors Act. 
 
 
_Click  here: Faithful Presidential Electors Act_ 
(http://www.uniformlaws.org/Act.aspx?title=Faithful Presidential Electors Act)  
 
 
I was on the Drafting Committee and I think it is an admirable bipartisan  
effort worthy of adoption. We ran it by the National Popular Vote people and 
 this Uniform Law works even if that is adopted.
 
We believe it would fix the unfaithful elector problem as well as fix other 
 potential problems such as vacancies, etc.  
 
Thank you for recommending it, John  Jim Bopp

 
 
In a message dated 10/26/2012 11:43:42 A.M. Eastern Daylight Time,  
john at johnkoza.com writes:

 
State  legislatures should give some attention to, and pass, the Uniform 
Law  Commission’s “Uniform Faithful Presidential Electors Act.”  The Act has  
several of the features of North Carolina’s current law. The Act provides a 
 statutory remedy in the event a presidential elector fails to vote in  
accordance with the voters of his or her state. The Act has a  
state-administered pledge of faithfulness, with any attempt by an elector to  submit a vote 
in violation of that pledge, effectively constituting  resignation from the 
office of elector. The proposed uniform law calls for the  election of both 
electors and alternate electors. The Act provides a mechanism  for filling a 
vacancy created for that reason or any other.   
Dr.  John R. Koza 
Box  1441 
Los  Altos Hills, California 94023 USA 
Phone:  650-941-0336 
Fax:  650-941-9430 
Email:  _john at johnkoza.com_ (mailto:john at johnkoza.com)  
URL:  _www.johnkoza.com_ (http://www.johnkoza.com/)   
URL:  _www.NationalPopularVote.com_ (http://www.nationalpopularvote.com/)  
From: Derek Muller  [mailto:derek.muller at gmail.com] 
Sent: Thursday, October 25, 2012  5:15 PM
To: Election Law
Subject: [EL] Does 269-269 worsen  the faithless elector problem? 
Dear  all, 
Perhaps one of you  knows the answer to this problem. If the electoral vote 
is tied at 269, the  race is thrown to the House of Representatives, where, 
it is assumed, Mitt  Romney would win. 
But, I imagine that  there would be a significant amount of canvassing of 
Mr. Romney's electors by  Barack Obama's team in an attempt to win over just 
one of those electors and  break the tie. After all, we would likely know 
most of the electors shortly  after November 6, but the electors would not 
cast ballots until December  17. 
Additionally, the  contingent election in the 12th Amendment allows for the 
top three electoral  vote-getters to be voted on in the House. If it's 
269-269, isn't there a great  incentive for, say, one of Mr. Obama's electors to 
vote for Jill Stein, or one  of Mr. Romney's electors to vote for Gary 
Johnson or Ron Paul? Then, we might  have an even more absurd contingent 
election: 269 electoral votes for Mr.  Obama; 268 electoral votes for Mitt Romney; 
1 vote for Ron Paul; top three  thrown into the House. (Which adds an 
additional problem: what if there are  several candidates who each receive a 
single castaway electoral vote? Who wins  the coveted third slot before the House 
if Ms. Stein, Mr. Johnson, and Mr.  Paul all receive 1 electoral vote?) 
Best, 
Derek 
Derek T.  Muller 
Associate Professor  of Law 
Pepperdine  University School of Law 
24255 Pacific Coast  Hwy. 
Malibu, CA  90263 
+1  310-506-7058 
SSRN Author Page:  _http://ssrn.com/author=464341_ 
(http://ssrn.com/author=464341) 


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