The Constitution leaves the method of choosing Electors to the state. That is basically it. It says nothing about elections or about those electors being elected by popular vote.
Art II Sect 1:
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 Rep…
The Constitution leaves the method of choosing Electors to the state. That is basically it. It says nothing about elections or about those electors being elected by popular vote.
Art II Sect 1:
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: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
Texas could write an election law that simply said that the electors for the State of Texas would be appointed by the Legislature on Election day. That would be fully constitutional. The SCotUS could say absolutely nothing against it.
The thing is that the GoP and the Legislatures that they currently control do not feel confident enough to just outright do this yet. Notice the yet, there. I think it is just a matter of time before someone tries and takes that plunge (if the other ways they are trying do not work).
What they are doing instead is making it harder for people to vote--particularly people who are not GoP supporters. They are also setting it up so that if there is an outcome that they do not like the can scream fraud and THEN get the electors they want.
They want to (at this time) maintain the fig leaf of popular participation in the choice of electors. If that doesn't work, at some point someone will point out to them what I just pointed out to you (because I don't think a lot of these state legislators are necessarily all that bright or educated especially WRT the Constitution) and they will try that.
The Constitution leaves the method of choosing Electors to the state. That is basically it. It says nothing about elections or about those electors being elected by popular vote.
Art II Sect 1:
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: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
Texas could write an election law that simply said that the electors for the State of Texas would be appointed by the Legislature on Election day. That would be fully constitutional. The SCotUS could say absolutely nothing against it.
The thing is that the GoP and the Legislatures that they currently control do not feel confident enough to just outright do this yet. Notice the yet, there. I think it is just a matter of time before someone tries and takes that plunge (if the other ways they are trying do not work).
What they are doing instead is making it harder for people to vote--particularly people who are not GoP supporters. They are also setting it up so that if there is an outcome that they do not like the can scream fraud and THEN get the electors they want.
They want to (at this time) maintain the fig leaf of popular participation in the choice of electors. If that doesn't work, at some point someone will point out to them what I just pointed out to you (because I don't think a lot of these state legislators are necessarily all that bright or educated especially WRT the Constitution) and they will try that.