"Just Kidding?!" -- Can a State Legislature Replace the Popular Vote for President?
For many years, state legislatures chose the Presidential electors, and popular vote played no role. Since the 1830s, though, legislatures have chosen to allocate electors based on the results of the popular vote for President. The Constitution still gives state legislatures broad power to appoint electors, however, and the COVID-19 pandemic could create situations where a legislature will want to intervene in the elector-appointment process. This podcasts considers the source of that power, the legal constraints on it, and how a state legislature could potentially act within the bounds of the law in this area--particularly if a Presidential or Vice-Presidential candidate became incapacitated by COVID-19.
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