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Andy Craig@andycraig.bsky.social |
There is no such role, there never has been, and this constitutional fact is also now explicitly codified in federal statute (ECRA). The state legislatures have *no* power whatsoever over the presidential election after election day. State law as it stood on election day is what governs, period.
7 replies 56 reposts 160 likes
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Russell Steinthal
@steintr.bsky.social
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All that, plus it doesn't even make sense on its own terms, since the Legislature elected in November 2024 won't take office until January 2025, well after the EC will have voted. Flipping the AZ Leg would be a big deal for Dems for plenty of other reasons, but this isn't even close to one of them.
1 replies 0 reposts 4 likes
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Yastreblyansky
@yastreblyansky.bsky.social
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Thanks.
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MrsMNash
@mrsmnash.bsky.social
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That article is full of disinformation. Thank you for calling it out and clarifying the federal statute.
0 replies 0 reposts 4 likes
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Stephen Webb
@stephenwebb.bsky.social
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the captured supreme court even told the gerrymandered-as-all-get-out north carolina legislature that, no, the independent state legislature theory is in fact bullshit 6-3, with gorsuch as a bit of a surprise dissent w/ the usual suspects
1 replies 0 reposts 5 likes
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@branewave.bsky.social
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Is the idea maybe that the legislature is in session when the Electors meet at the Capitol to cast their votes? Does the legislature have to gavel in the meeting of the Electors?
1 replies 0 reposts 0 likes
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Andy Craig
@andycraig.bsky.social
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Legislatures do have the power to determine the manner of choosing electors: popular vote (as all do), legislative selection, pulling names out of a hat, whatever. But Congress has the power to determine the *time* of choosing electors, i.e. election day. There are no take-backs after that date.
0 replies 3 reposts 20 likes
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Ben Teresa
@benfteresa.bsky.social
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Thank you. I'm not sure why every so often that this idea comes up we don't hear more about the ECRA, why it was passed and what it does.
0 replies 0 reposts 2 likes