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Saturday, December 10, 2016

[mukto-mona] Re: {PFC-Friends} Hillary Clinton Does Have a Viable Legal Challenge to the Electoral College System




Campaign Action

Sign the petition to the Electoral College: Elect Hillary Clinton as our next President

 

On December 19, the 538 members of the Electoral College will meet to choose our next President. By that time, it is expected that Hillary Clinton will have roughly two million more votes than Donald Trump.

The American people clearly chose Hillary Clinton to be our next President. The Electoral College should respect our wishes and our democracy by choosing her.

While it is highly, highly unlikely that this will happen, there is nothing unconstitutional about it. There are 21 states that have no laws binding their Electors to follow the popular vote of their state. Further, according to the National Archives, "no Elector has ever been prosecuted for failing to vote as pledged." 


https://www.dailykos.com/campaigns/petitions/sign-the-petition-to-the-electoral-college-elect-hillary-clinton-as-our-next-president?detail=email&link_id=4&can_id=8ea39a5cf6068f573c87ca7e94fa1b8c&source=email-today-show-interview-with-trump-proves-we-elected-the-single-most-fragile-ego-in-american-history&email_referrer=today-show-interview-with-trump-proves-we-elected-the-single-most-fragile-ego-in-american-history___140305&email_subject=the-daily-show-goes-to-trump-victory-rally-to-interview-people-who-have-been-conned

www.dailykos.com
On December 19, the 538 members of the Electoral College will meet to choose our next President. By that time, it is expected that Hillary Clinton will have roughly two million more votes than Dona...



From: pfc-friends@googlegroups.com <pfc-friends@googlegroups.com> on behalf of Sitangshu Guha <guhasb@gmail.com>
Sent: Saturday, December 10, 2016 9:11 AM
To: pfc
Cc: mukto-mona@yahoogroups.com
Subject: Re: {PFC-Friends} Hillary Clinton Does Have a Viable Legal Challenge to the Electoral College System
 

Electoral College (United States)

The United States Electoral College is the body that elects the president and vice president of the United States every four years. Citizens of the United States do not directly elect the president or the vice president; instead they choose "electors", who pledge beforehand to vote for the candidate of a particular party.[2][3]

Each state gets to choose as many electors as the combined total of the number of U.S. senators and representatives to which the state is entitled.[4] The District of Columbia gets at most the number of electors it would have if it were a state but not more than the number of electors of the least-populous state (currently three).[5] There are therefore currently 538 electors, corresponding to the 435 representatives and 100 senators in the House of Representatives and the Senate, plus the three electors for the District of Columbia. The Constitution bars any federal official, elected or appointed, from being an elector.

All states except Maine and Nebraska have chosen electors on a "winner-take-all" basis since the 1880s.[6] Under the winner-take-all system, all the electors that a state chooses are those that have pledged to vote for the candidate who ends up getting the most votes in that state. Maine and Nebraska use the "congressional district method", selecting one elector within each congressional district by popular vote and selecting the remaining two electors by a statewide popular vote.[7] Although no elector is required by federal law to honor their pledge, there have been very few occasions when an elector voted contrary to a pledge.[8][9] The Twelfth Amendment, in specifying how a president and vice president are elected, requires each elector to cast one vote for president and another vote for vice president.[10][11]

The candidate who receives an absolute majority of electoral votes (currently 270) for the office of president or of vice president is elected to that office. The Twelfth Amendment provides for what happens if the Electoral College fails to elect a president or vice president. If no candidate receives a majority for president then the House of Representatives will select the president, with each state delegation (instead of each representative) having only one vote. If no candidate receives a majority for vice president, then the Senate will select the vice president, with each senator having one vote.[12][13] On five occasions, most recently in the 2016 presidential election, the Electoral College system has resulted in the selection of electors with a majority pledged to a candidate who did not receive the most popular votes in the election.[14]


On Fri, Dec 9, 2016 at 3:20 PM, Farida Majid <farida_majid@hotmail.com> wrote:

Ms Clinton currently has 2.6 million more votes than Donald Trump in the popular count, but lost the election in November because of the idiosyncratic workings of the United States' Electoral College system — a result which academic Lawrence Lessig has said could be ruled unconstitutional. 

The process by which the United States elects a president is complicated — rather than US citizens voting for their head of state directly, representatives in the Electoral College choose the winner on behalf of their state.

Almost all states operate a "winner-takes-all" system, which ignores voter margins. So for instance, Ms Clinton got 44 per cent of the vote in Georgia, but because Mr Trump got a larger percentage, none of the state's six representatives in the Electoral College are set to vote for her.

In an article published by Medium, Mr Lessig said he and a number of other legal experts believed this could be illegal because it defies the constitutionally enshrined principles of "equal protections" and "one man, one vote". It means not all votes are treated in the same way and some people do not get a say at all. 

 http://readersupportednews.org/opinion2/277-75/40725-focus-hillary-clinton-does-have-a-viable-legal-challenge-to-the-electoral-college-system

England writes: Legal expert says Ms Clinton could have grounds to challenge 'unconstitutional' electoral college system and claim win, as she takes 2.6 million lead in popular vote.


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Posted by: Farida Majid <farida_majid@hotmail.com>


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