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Congress, being charged with counting the electoral votes, had to decide which electors to accept and whom to make president.
The majority said there was no time to send the case back for a better recount because it was already Dec. 12, the date set by federal election law by which electors had to be chosen if their right to cast their state's electoral votes was to be immune from challenge.
One provision grants state legislatures power over the manner in which electors are chosen.
The election was a catalyst for the adoption of the Twelfth Amendment (1804), under which electors would cast separate ballots for president and vice president.
Mr. White knows of only nine instances over the years in which electors broke their pledges and voted for someone other than the winning candidate in their state.
The Legislature of this state, of course, selected the manner in which electors were to be chosen and that manner was by direct election by the people.
Similar(43)
The National Geographic Database is used for electoral purposes to be "able to identify in which electoral district and in which polling division the elector's residence is located".
Constituency, basic electoral unit into which eligible electors are organized to elect representatives to a legislative or other public body.
In this draft, the Senate was to be elected in proportion to the population, being two-fifths the size of the House, and the President and Senators were to be elected through complex multistage elections, in which chosen electors would elect smaller bodies of electors; they would hold office for life, but were removable for misconduct.
This change was necessary to allow Texas' presidential electors to vote for both Bush and Cheney without contravening the Twelfth Amendment to the United States Constitution, which forbids electors from voting for someone from their own state for both President and Vice President.
If respondents are correct, the constitutional delegation to state legislatures of the power to determine the manner in which presidential electors are appointed, and Congress's effort to provide a means by which a state's selection of electors will be determined in a timely and conclusive manner according to rules and procedures adopted before the election, may easily be circumvented.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com