Monday, December 25, 2023

Commentary On Elections-Part Fifty-Five And Part Fifty-Six

Commentary On Elections-Part Fifty-Five

To set the record straight, state legislatures can only pass laws. They can never execute the law. Therefore they cannot choose the electors for either President or Vice-President. They can only grant, by law, this authority to the head executives or to the People to choose these electors.

Moreover the state legislatures cannot cede this authority to the candidate for President and/or Vice-President who wins that state. No POTUS/VPOTUS candidate can be allowed to choose the electors when it is the electors who are supposed to choose the President and Vice-President. That is analogous to putting the horse before the cart.

The current practice must change to conform to the U.S. Constitution. Due to the fact that allowing the governors and/or vice-governors to choose these electors would be considered as imperially democratic, it would be most prudent, representative, and consistent with the U.S. Constitution that the People choose these electors.

Commentary On Elections-Part Fifty-Six

The second phrase in the first paragraph of the 12th Amendment reads as follows "they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each".
Notice in the preceding that all candidates for VPOTUS and POTUS who received votes cast by electors are to be mentioned. This means that each and every elector's choice for candidate will be publicly counted as a vote. This furthermore means that each state is not supposed to render its sole choice for federal head executives but rather its electors render their choices individually.
That phrase clearly indicates that each state are not assigned electoral votes based on the number of its electors. There are no electoral votes for each state but rather its electors have its votes counted individually to tally the definitive outcome for President and Vice-President of the United States.

Moreover that phrase in the 12th Amendment dispels the myth that the state awards all its electoral votes to one candidate. There are no electoral votes, period. Each elector has his/her choice for POTUS and VPOTUS count as a vote for such at the final tally taken by the U.S. House Of Representatives.

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