[EL] Constitutionality of "advisory vote" for POTUS

[Marty Lederman]

Justice Alito just asked an interesting question in the faithless elector
argument.  Perhaps there's an obvious answer.

Could a state legislature pass a law providing that its Electors, chosen by
the legislature itself, would have absolute discretion to vote for
President, and that the popular vote on election day therefore would merely
be "advisory" to such electors, or would that violate the citizens' right
to vote?




-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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