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National Popular Vote Facing Court Ruling – Eventually
The move toward a “National Popular Vote,” under which all Electoral College votes from states participating in an interstate compact would go to the candidate with the most popular votes, is moving forward again this year.
Colorado’s new governor, Jared Polis, recently signed a bill adding Colorado to the minority of states pursuing the agenda. Two other states reportedly are considering such a move.
The late Phyllis Schlafly wrote several years ago about the plan.
“The NPV slogan ‘Every Vote Equal’ is dishonest because the NPV proposal is based on legalizing vote-stealing. For example, Texas or Louisiana could be forced to cast … votes for a candidate who won more votes in other states, such as New York,” she explained.
But there’s not likely to be a court challenge at the moment to the plan that would give the largest population centers control over presidential elections.
The Washington Free Beacon explains the plan cannot activated until states with a total of at least 270 Electoral College votes – enough to elect a president – are committed.
Constitutional and legal experts say that if the plan ever is implemented, a legal challenge could create uncertainty.
“Constitutional legal challenges often take years, leading forward-thinking opponents of the effort to ponder the earliest-possible moment to launch a legal challenge in order to avoid a Bush v. Gore-style emergency legal proceeding deciding the presidency,” the report said.
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