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39
Nevada electors vote for Trump. Fake news says they voted for Biden (mobile.twitter.com)
posted 4 years ago by reelect45th 4 years ago by reelect45th +41 / -2
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– reelect45th [S] 3 points 4 years ago +3 / -0

https://mobile.reuters.com/article/amp/idUSKBN2712M7?__twitter_impression=true

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– newuserfromreddit -1 points 4 years ago +1 / -2

This is only relevant for states that do not delegate authority to the state executive to issue electors. Nevada delegates such to the Secretary of State, thus the dueling electorate problem isn't possible.

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– Burninator 3 points 4 years ago +3 / -0

I believe the argument is the constitution only gives the legislators the power to appoint electors. The legislators passed that authority to the states secretary of state and the popular vote. When authority is passed on to a different group it can be recalled at any time because the original authority is the state legislature.

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress

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– newuserfromreddit -1 points 4 years ago +1 / -2

Generally speaking, that's not how delegation of authority works. Legislative delegation occurs by legislative act, recall can only be accomplished, likewise, by legislative act. State and federal government has been pretty protective of delegation for some time now; the last time the Supreme Court invalidated an act based on non-delegation doctrine was in 1935. Regardless, assuming that (1) the state legislature recalled the delegation of authority, and (2) the state legislature then certified in a manner that contradicts the already-existing certification by the SOS, I don't see the Supreme Court upholding the state legislature's certification. Doing so would require effectively applying a state law retrospectively to a constitutionally compliant certification. I don't even think the originalists would get on board with that.

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– Burninator 1 point 4 years ago +1 / -0

That's good to know

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– DayOfChange -1 points 4 years ago +1 / -2

Cool it with the facts pal. Your distorting the echo chamber

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