• Schadrach
    link
    15 months ago

    and the courts would laugh at it.

    Not so sure about this part. The states can more or less assign electors as they please, following the laws of that state. Currently that means that 48 of them assign all electors to the statewide popular vote winner and 2 assign two electors to the statewide popular vote winner and one to the popular vote winner in each House district. I don’t know that there’s a legal basis to shoot down just having the legislature pick regardless of the popular vote, no different than a state could assign their electors based on the national popular vote rather than that of their state (hence a certain interstate compact that will probably never get enough states on board to become active).