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Maine Senate passes bill giving state's electoral votes to national pop vote winner

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  • #16
    Originally posted by mikewhitney View Post
    There may be grounds for violation of the Constitution here. We are guaranteed to have a Republic form of government. This means that the attempt to push things to a democracy has directly violated this constitutional obligation of these states
    This would normally take a complainant 'with standing' - somebody from the state of Maine who has 'suffered wrong' - such as having voted for the candidate who won the popular vote, but would have otherwise lost the electoral college vote. Otherwise, I'm thinking they need to find a judge who will order a stay pending review.
    The first to state his case seems right until another comes and cross-examines him.

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    • #17
      Originally posted by Sparko View Post
      compete morons. They just gave away their state sovereignty and their own citizen's votes. Even if everyone in their state voted for candidate X and candidate Y got more votes in other states, they will invalidate every vote in their state for that other candidate. wow.

      ETA - so it isn't official yet. The governor could still not sign the bill. But she is democratic, so that's probably not much hope.
      Not just the Governor -- the House has yet to vote on this...

      The Maine Senate on Tuesday approved a bill that would pledge the state’s Electoral College votes for president to the candidate who wins the popular vote across the country.

      If the House and Governor pass and sign the bill, Maine will becomes the fourteenth state, in addition to Washington, DC, to join the National Popular Vote interstate compact. This is an agreement among the 14 states to give their electoral College votes to the popular vote winner.



      ETA: Oooooooops!!! "The Maine House consists of 151 individuals, (88 Democrats, 56 Republicans, 5 Independents, and 1 Common Sense Independent and currently 1 Vacancy)"
      The first to state his case seems right until another comes and cross-examines him.

      Comment


      • #18
        Originally posted by Cow Poke View Post
        This would normally take a complainant 'with standing' - somebody from the state of Maine who has 'suffered wrong' - such as having voted for the candidate who won the popular vote, but would have otherwise lost the electoral college vote.
        I think you mean the other way around: someone who voted for a candidate who would have won the electoral college but ended up losing when all the state's electoral college votes were given to the popular vote winner.

        And what a mess that court battle would be.
        Some may call me foolish, and some may call me odd
        But I'd rather be a fool in the eyes of man
        Than a fool in the eyes of God


        From "Fools Gold" by Petra

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        • #19
          Originally posted by Mountain Man View Post
          I think you mean the other way around: someone who voted for a candidate who would have won the electoral college but ended up losing when all the state's electoral college votes were given to the popular vote winner.

          And what a mess that court battle would be.
          Yeah, even as I was typing that, I was .... yeah.
          The first to state his case seems right until another comes and cross-examines him.

          Comment


          • #20
            Originally posted by mikewhitney View Post
            There may be grounds for violation of the Constitution here. We are guaranteed to have a Republic form of government. This means that the attempt to push things to a democracy has directly violated this constitutional obligation of these states
            There is no Constitutional violation here. What you refer to ("The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion") is not in any way harmed, because the government of the states remains a Republican one. This only affects the election of the president, which has nothing to do with state government. For that matter, the statement in the Constitution is actually not an obligation on the part of the states but a restriction on how the federal government can affect a state's government.

            Furthermore, states absolutely have the right to enact something like this by another part of the constitution: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress"

            States can choose them however they want. Their legislatures could vote on who the electors are themselves (which was in fact how some states handled it in the past!). They could set it up so the electors are randomly chosen from among the populace. They could even have it decided on a game of Rock Papers Scissors. Having it decided by the popular vote is absolutely permitted by the Constitution.
            Last edited by Terraceth; 05-16-2019, 10:56 PM.

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            • #21
              Originally posted by Cow Poke View Post
              I had to do a double take on that, myself. I wanted to believe it was just a case of "all the electoral votes" for that particular state would go with the popular vote of that particular state.



              Yeah, that.



              I'm hoping this will be contested, and SCOTUS will stop this insanity. (one can hope)
              Yep Maine is such a small state population wise, they might as well not even vote. Just wait and see what California, Texas and New York and Florida do and give their votes away. I hope the governor has enough sense to stop this bill.

              Comment


              • #22
                It would be hilarious if Trump won the popular vote and California and New York had to give him their electoral votes since they signed this pact.

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                • #23
                  Originally posted by Sparko View Post
                  It would be hilarious if Trump won the popular vote and California and New York had to give him their electoral votes since they signed this pact.
                  They would repeal it in a midnight emergency meeting...
                  That's what
                  - She

                  Without a clear-cut definition of sin, morality becomes a mere argument over the best way to train animals
                  - Manya the Holy Szin (The Quintara Marathon)

                  I may not be as old as dirt, but me and dirt are starting to have an awful lot in common
                  - Stephen R. Donaldson

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                  • #24
                    Originally posted by Bill the Cat View Post
                    They would repeal it in a midnight emergency meeting...
                    you know it.

                    Comment


                    • #25
                      Originally posted by Bill the Cat View Post
                      They would repeal it in a midnight emergency meeting...
                      Legally, that's even sketchier than what they're doing in the first place.
                      Enter the Church and wash away your sins. For here there is a hospital and not a court of law. Do not be ashamed to enter the Church; be ashamed when you sin, but not when you repent. – St. John Chrysostom

                      Veritas vos Liberabit<>< Learn Greek <>< Look here for an Orthodox Church in America<><Ancient Faith Radio
                      sigpic
                      I recommend you do not try too hard and ...research as little as possible. Such weighty things give me a headache. - Shunyadragon, Baha'i apologist

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                      • #26
                        Originally posted by One Bad Pig View Post
                        Legally, that's even sketchier than what they're doing in the first place.
                        Yep. If they are passing laws to that effect like Maine might, then they have a legal obligation that they can't really back out of at the last minute. But they would probably do it anyway.

                        Comment


                        • #27
                          Originally posted by Sparko View Post
                          Yep. If they are passing laws to that effect like Maine might, then they have a legal obligation that they can't really back out of at the last minute. But they would probably do it anyway.
                          They'd get sued by someone to block it - and as something impacting a federal election, it would probably end up before the Supreme Court if it got that far. I don't see even a liberal court allowing a retroactive change like that.
                          Enter the Church and wash away your sins. For here there is a hospital and not a court of law. Do not be ashamed to enter the Church; be ashamed when you sin, but not when you repent. – St. John Chrysostom

                          Veritas vos Liberabit<>< Learn Greek <>< Look here for an Orthodox Church in America<><Ancient Faith Radio
                          sigpic
                          I recommend you do not try too hard and ...research as little as possible. Such weighty things give me a headache. - Shunyadragon, Baha'i apologist

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                          • #28
                            Originally posted by One Bad Pig View Post
                            They'd get sued by someone to block it - and as something impacting a federal election, it would probably end up before the Supreme Court if it got that far. I don't see even a liberal court allowing a retroactive change like that.
                            We're going to end up in a place where the President Elect won't be able to take office for MONTHS while the lawyers and courts battle out all the entanglements, and/or he/she will be declared an illegitimate POTUS.


                            Oh WAIT -- that last part's already happened!
                            The first to state his case seems right until another comes and cross-examines him.

                            Comment


                            • #29
                              Originally posted by Cow Poke View Post
                              We're going to end up in a place where the President Elect won't be able to take office for MONTHS while the lawyers and courts battle out all the entanglements, and/or he/she will be declared an illegitimate POTUS.


                              Oh WAIT -- that last part's already happened!
                              Well, it would happen in this case IF there's a difference between outcomes in the EC and popular vote AND the blue state's preferred candidate lost the popular vote.
                              Enter the Church and wash away your sins. For here there is a hospital and not a court of law. Do not be ashamed to enter the Church; be ashamed when you sin, but not when you repent. – St. John Chrysostom

                              Veritas vos Liberabit<>< Learn Greek <>< Look here for an Orthodox Church in America<><Ancient Faith Radio
                              sigpic
                              I recommend you do not try too hard and ...research as little as possible. Such weighty things give me a headache. - Shunyadragon, Baha'i apologist

                              Comment


                              • #30
                                Originally posted by One Bad Pig View Post
                                Well, it would happen in this case IF there's a difference between outcomes in the EC and popular vote AND the blue state's preferred candidate lost the popular vote.
                                We're drifting away from our once famous "peaceful transfer of power" reputation.
                                The first to state his case seems right until another comes and cross-examines him.

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