[EL] Nat. Pop. Vote Plan bill passes 2 Arizona committees in one day

[Scarberry, Mark]

The NPV compact has a severability clause, so this is not as important as it might seem, but is there substantial support on the list for the constitutionality of the blackout provision? It's contrary to the Court's view of the prerogatives of a state legislature as explained in the Palm Beach County case, and I think also in Bush v. Gore per this statement:

"The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. See id. [ McPherson v. Blacker], at 35 (“[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated”) (quoting S. Rep. No. 395, 43d Cong., 1st Sess.)."

Wouldn't a state be likely to withdraw during the blackout period if there is a serious independent bid that is likely to split the vote and result in a plurality winner from the party that isn't in control of the legislature?

Mark S. Scarberry
Pepperdine University School of Law


Sent from my iPad

On Feb 2, 2016, at 9:18 AM, Derek Muller <derek.muller at gmail.com<mailto:derek.muller at gmail.com>> wrote:

It's worth noting that the NPV is at 165 electoral votes, 95 shy of hitting 270. Arizona's 11 would certainly help; it's languished in Minnesota (10), Michigan (16), and Pennsylvania (20). And there simply aren't many more large Democratic-controlled states left to move it along, as Democrats tended to favor it this past decade. That said, the overwhelming Republican support in Arizona may signal possible new life for the effort. (Indeed, these four states and Texas (38) would provide the full 95 needed to hit 270.)

Derek T. Muller
Associate Professor of Law
Pepperdine University School of Law
24255 Pacific Coast Hwy
Malibu, CA 90263
+1 310-506-7058<tel:%2B1%20310-506-7058>
SSRN: http://papers.ssrn.com/author=464341
Twitter: http://twitter.com/derektmuller

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