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Free speech as a safety valve, dissent diverted, makes no serious contribution to the maintenance of a state that is responsive to the needs of its electors, or of the institutions on which it rests.
The much bigger issue, though, is the practice of almost every state awarding all of its electors to the candidate who wins the popular vote in that state.
Florida gave all of its electors to President-elect Bush, even though, while he won a plurality of the popular vote in that state, he did not win a majority.
Congress has allowed one narrow exception to its insistence on a uniform election day: It allows a state legislature to step in only when the state has failed to make a choice of its electors.
This date gives enough time for a "protest"–additional litigation or other action before the state must transmit the names of its electors to the Electoral College on Dec. 12.
Thus, to deprive a State of all participation in the election of the President and Vice President of the United States, on account of the defective appointment of one or a few of its electors, would be a serious and painful duty.
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This lengthy work in three books is aimed first of all at an ecclesiatical audience at the Council of Basel and only secondarily, in Book 3, at the Holy Roman Empire and its electors of the emperor.
Finally, if a state decided to abrogate the compact at the last minute and instruct its electors to cast their votes for the winner of the state rather than for the winner of the national popular vote, its action might be sustained by the courts because the Constitution gives the states autonomy to decide the manner of choosing and instructing its electors.
The Legislature may decide to name electors of its own choice if the court fights remain unresolved by Dec. 12.
Section 5, which creates a "safe harbor" allowing a state to afford conclusive effect to its choice of presidential electors, it completely rewrote the Florida Legislature's pre-election laws designed to take advantage of that provision.
Congress has the power to sort out the conflicting claims of slates of electors.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com