[EL] Fwd: Electoral college changes and section 5

Goldfeder, Jerry H. jgoldfeder at stroock.com
Wed Jan 23 18:19:53 PST 2013


Correcting a typo
>
> I think the constitutionally mandated plenary power of the state legislature as to how to appoint electors trumps a statute, provided of course that the method chosen does not violate another constitutional mandate/prohibition.
>
> Jerry H. Goldfeder
> Stroock & Stroock & Lavan LLP
> 180 Maiden Lane
> New York, NY 10038
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> 917-680-3132
> jgoldfeder at stroock.com
> www.stroock.com/goldfeder
>
> On Jan 23, 2013, at 7:48 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:
>
>> Someone asked me what would happen if Virginia changes its method for
>> allocating electoral college votes. Would such a change be subject to
>> preclearance under section 5 of the Voting Rights Act? Or, given the
>> state legislature's plenary power to set the rules for the allocation of
>> electoral college votes as provided for in Art. II of the Constitution,
>> is the preclearance requirement not applicable or unconstitutional as
>> applied to electoral college allocations?
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen at law.uci.edu
>> http://law.uci.edu/faculty/page1_r_hasen.html
>> http://electionlawblog.org
>>
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>
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