The Constitution does give the state legislature the power to determine how they award their electoral votes. Since 1868 all state legislatures has authorized the awarding of their electors via popular vote. South Carolina in 1860 was the last state where their state legislature awarded their electoral votes with no popular vote.

Since then the popular vote in any state has determine which slate of electors was chosen to cast that states electoral votes. Sure, there has been from time to time a couple of rouge or unfaithful electors who ignored the popular vote results. I highly doubt any state legislature can overturn or abrogate the election results. Unless there is a law in a state that gives the state legislature that power. I know of none, but my knowledge on that is very limited.

Now each state legislature could pass a law taking back the right to appoint or award electors to the state legislature without the people voting. That isn't about to happen. This would have to be done prior to the election.

So I think this is much ado about nothing. Especially since most states have each party on the ballot submit their own list of electors. Which list of electors that cast their votes is determine by the popular vote in their state.

I was a Perot elector in 1996 here in Georgia. Had he won, I would have cast one electoral vote him for president. But since Dole won Georgia, his slate of electors cast Georgia's electoral vote that year.


It's high past time that we start electing Americans to congress and the presidency who put America first instead of their political party. For way too long we have been electing Republicans and Democrats who happen to be Americans instead of Americans who happen to be Republicans and Democrats.