Legal Question in Constitutional Law in California

question about law or ballot inititive(ca.) to bypass the electoral college. the law would mandate that ca's electors would vote for the popular vote winner nationwide. the law to go into efect when enough states have passed a similar law, to constitute an electoral majority, and those states had formally agreed to a date to simultaniously activate the laws. the question, what, if any are the constitutional impediments? this is a public inquiry. thank you. john bruce beardsley


Asked on 2/20/12, 12:26 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Impediments:

1. Many Californians won't understand your proposal.

2. You would need $$$ to gather signatures and promote it.

3. Even assuming people understand what it is you are trying to do, your proposal, if enacted, could result in California's votes being diluted or becoming irrelevant.

4. The US Supreme Court would have to rule on your proposal's validity -- as presently constituted it's the same Court that gave us Citizens United and Bush v. Gore, do you trust them?

Read more
Answered on 2/20/12, 2:50 pm
Edward Hoffman Law Offices of Edward A. Hoffman

My perspective is different from Mr. Stone's. The proposal you describe is already being considered in many states, including California. I don't know of any federal constitutional grounds why it wouldn't work. In principle the state constitution might conflict with this plan, but I have not heard of any such conflicts.

Read more
Answered on 2/20/12, 5:55 pm


Related Questions & Answers

More Constitutional Law questions and answers in California