Fifth Circuit Upholds Texas At-Large Elections for Presidential Elector

On February 26, the Fifth Circuit upheld the Texas law that says presidential electors should be chosen at-large. League of United Latin American Citizens v Abbott, 19-50214. There are three similar cases pending against at-large election of electors in other states. This is the first decision in any of those four cases to emerge from a U.S. Court of Appeals. The other cases are in California, South Carolina, and Massachusetts.

Here is the eleven-page opinion, which seems scholarly, dispassionate, and fair. Thanks to DemoRep for the link.


Comments

Fifth Circuit Upholds Texas At-Large Elections for Presidential Elector — 14 Comments

  1. In California, 100% of all men, write in Sorinne Ardeleanu (R deli anu) [Libertarian] for US President.

    Video about limited voting in 1996 through 2020:
    https://youtu.be/TXh-A_YUn7g

    My name James “Google” Ogle for POTUS 2020 is censored from California State Libertarian Party primary ballot, Libertarian Party California Facebook page and Google turned traffic away in 1997 when they founded too) and my write-in ballot for the March 3rd 2020 California Libertarian Party state primary went to Sorinne Ardeleanu [Libertarian].

  2. The usual suspect RED communists want more minority rule gerrymanders to elect EC persons, executive officers in general and esp judges —

    IE RIG ALL 3 branches in regimes.

    PR
    APPV
    TOTSOP

  3. UK — Mother of ALL *modern* ANTI-Democracy minority rule gerrymander regimes —

    https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7529

    UK Election Statistics: 1918-2019 – A century of elections
    Published Thursday, February 27, 2020
    This paper presents an overview of election results since 1918. It provides summary results for all elections from 1918 to 2019, focusing on elections to the House of Commons.

    700 plus years of oligarchs claiming to be small d democrats – THE EVIL BIG LIE —

    infected Brit-Am colonies in 1600s, States in 1776, USA in 1787-1789 — more BIG LIES.
    —-
    PR
    APPV
    TOTSOP

  4. The quotation from the Williams case is interesting and maybe disturbing. It says “in a democratic society the majority must rule”, but of course when it comes to presidential electors, it’s often the plurality that rules, not the majority.

    The term “winner-take-all” is misleading. We should say “plurality-take-all” instead.

  5. USA PRESIDENT-2016 ELECTION — TRUMP
    53 GERRYMANDER AREAS – 50 STATES + DC + ME CD 1+2, ECV = ELECTORAL COLLEGE VOTES
    538 TOTAL ECV, 270 MAJORITY ECV
    VOTES PCT TV ECV
    35,742,053 *25.7 270 IN 28 ST+ MECD2
    — — —
    40,992,329 29.5 306 TOTAL 30 ST + MECD2
    — — —
    138,846,571 100.0 538 EST. TOTAL VOTES
    ****************
    25.7 PCT AIN’T a majority.

    Too many math moron lawyers and judges and media TV talking heads to count.

  6. @AB,

    A winner can have a plurality. A win is a win.

    Constitutional Amendment:

    (1) Presidential electors shall be apportioned among the United States and their territories on the basis of citizens over the age of 18, with at least one elector per 20,000 persons.

    (2) Presidential electors shall be chosen by popular vote (same franchise as for the House and Senate). Electors shall serve a four-year term. Congress shall have supreme authority over time, place, manner regulation of elections (same as for House and Senate).

    (3) Electors shall meet in single body to choose President and Vice President by majority vote. This meeting may be physically separate if instantaneous communication is established.

    (4) Electors shall meet to fill a vacancy in the Vice Presidency, or simultaneous vacancy in the Presidency and Vice Presidency (Congress may provide for a temporary acting president.

    (5) Repeal 23rd Amendment.

    Rationale: Provides for Electoral College to be deliberative body in actuality. Requires popular election of electors. Extends right to vote for President to territories. Eliminates “senatorial” electors, and makes apportioment proportional to actual electors. Provides large enough number of representatives that proportional allocation may be used. Permits Congress to normalize presidential elections without inviting micromanagement of mechanics.

  7. NONPARTISAN AppV —

    NO EC HACKS meeting at 4 AM behind closed doors or at top secret internet sites.

  8. The biggest problems are single-winner election districts for names and the use of Xs instead of numerals.

    You must eliminate singlsingle-winner election districts. Period.

    Now with at-large elections you have slate voting, so you must simply use limited voting.

    Limited voting mitigates slate voting and brings semi-proportional representation like Japan.

    Now switch to numerals in multiple-winner election districts and you have pure proportional representation (PPR).

    The United Coalition USA has been using PPR for twenty-four consecutive years and it works fine.

    United Coalition USA
    https://usparliament.org/

  9. Apportionment of Presidential electors is already required by a combination of Section 2 of the 14th Amendment and one-person-one-vote Supreme Court precedent, especially the cases saying that diluting voting power is one way of denying voting rights.

    http://asagordon.byethost10.com/

    But as all here know, this is not being enforced. Maybe it will take a drive for a new Constitutional amendment to draw more attention to the current language.

  10. @JALP,

    Small number of electors are not suitable for proportional distribution, and current apportionment among the States is distorted because of the senatorial electors, and inclusion of persons not eligible to vote due to age or citizenship status. You can’t have political proportionality without first having geographic proportionality.

    Under the current system, even if there were a divided result as happened in 1824, resolution is dumped into the House of Representatives.

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