Mr.Bad on 10 Nov 2000 05:52:25 -0000

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[Nettime-bold] Re: <nettime> Election Protests Start Saturday

>>>>> "EM" == Eric Miller <> writes:

    EM> "In this case, the stupid custom of "winner take all" is
    EM> blocking democracy."

    EM> the "stupid custom" in this case is the Constitution.  we
    EM> simply cannot pre-empt it.  the rule of law is just, but not
    EM> always fair.  And if that means we have a Shrub in the White
    EM> House, so be it.

There's nowhere in the Constitution that says statewide electors can't
choose whatever the hell criteria they want for casting their vote.

One criterion is statewide plurality. Another, equally valid, would be
nationwide plurality.

    EM> And in states like Oregon, if the electors don't vote as they
    EM> pledge then they can be held liable in court for violating
    EM> their agreement with their respective party.

In most states, though, this hasn't held up well. And it's *never*
invalidated their vote.

~Mr. Bad

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