Comment: States Enacting NPV Prescribe their Method for Awarding Electors

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States Enacting NPV Prescribe their Method for Awarding Electors

Unable to agree on any particular method for selecting presidential electors, the Founding Fathers left the choice of method exclusively to the states in section 1 of Article II of the U.S. Constitution-- "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . ." The U.S. Supreme Court has repeatedly characterized the authority of the state legislatures over the manner of awarding their electoral votes as "plenary" and "exclusive."

The constitutional wording does not encourage, discourage, require, or prohibit the use of any particular method for awarding the state's electoral votes.

The National Popular Vote bill IS the states prescribing the methods by which electors are determined.

When the bill is enacted by states with a majority of the electoral votes-- enough electoral votes to elect a President (270 of 538), all the electoral votes from the enacting states would be awarded to the presidential candidate who receives the most popular votes in the country.

The candidate with the most popular votes in the country would get the needed 270+ electoral votes from the enacting states.

With National Popular Vote, we would continue to elect the President by a majority of Electoral College votes BY STATES.