Court OKs Texas winner-take-all presidential elector system

[Bigun]

Court OKs Texas winner-take-all presidential elector system

NEW ORLEANS (AP) - The winner-take-all system Texas and 47 other states use to assign Electoral College presidential votes is constitutional, a federal appeals court said Wednesday...

https://www.washingtontimes.com/news/2020/feb/26/court-oks-texas-winner-take-all-presidential-elect/

[Cyber Liberty]

How was this even an issue?

[Elderberry]

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously upheld a lower court’s dismissal of a lawsuit challenging the Texas system. It was the latest defeat for organizations challenging such systems in Texas and three other states. Cases are pending at the appellate level in at least two of those cases.

Domingo Garcia, national president of the League of United Latin American Citizens, a lead plaintiff in the case, said he expects the issue to wind up at the Supreme Court. LULAC said in a news release that it was considering its next move. The league and its allies could request a rehearing by the full 5th Circuit, which has 16 active members, or go straight to the Supreme Court.

[PeteS in CA]

How was this even an issue?

Given that it's at the 3 judge panel level in an appellate court, I'm guessing it was filed soon after Trump won. Because for Orange Man there is no history, because Orange Man BAD!

[Cyber Liberty]

Given that it's at the 3 judge panel level in an appellate court, I'm guessing it was filed soon after Trump won. Because for Orange Man there is no history, because Orange Man BAD!

LULAC seems to think the SCOTUS will take the case, and I really doubt that very much.  They'll be lucky to get Cert for en Banc of the Circuit.

[Bigun]

This "winner takes all" business is a bit of a misconstruction of what actually happens in Texas @Cyber Liberty although I suppose it IS theoretically possible for someone to do that.

Here's how it works:

Each of the 36 Congressional districts in Texas is entitled to 3 delegates which are awarded as follows (section 8 of Rule 38):

For the purpose of determining the entitlement to district delegates and alternates by candidates, the provisions of this section shall apply as follows:

More than Fifty Percent (50%) of Vote Received by Candidate: A candidate receiving more than fifty percent (50%) of the votes in any Congressional District shall be entitled to three (3) delegates and alternates from that Congressional District.

No Candidate Receives Majority of Vote: If no candidate receives a majority of the votes in any Congressional District the plurality winner is entitled to two (2) delegates and alternates from that district and the candidate receiving the next highest number of votes receives one (1) delegate and alternate; provided, however, that if no candidate receives a majority vote in a Congressional District, and only one (1) candidate receives more than 20% of the Congressional District vote, such candidate shall be entitled to two (2) delegates and alternates. The remaining Congressional District delegate and alternate shall be awarded to the second (2nd) place candidate.

No Candidate Receives Twenty Percent (20%) of Vote: If no candidate receives more than twenty percent (20%), each of the three (3) candidates receiving the highest number of votes shall receive one (1) delegate and alternate.

https://www.texasgop.org/rules/

[IsailedawayfromFR]

How was this even an issue?

Cause the libs want to further dilute the states being in control of the federal government.

The President is supposed to be selected by the States by elections by individual state citizens on who the electors should vote for.

It is not supposed to be a proportional distribution of votes.  It is who that state wants to be President.

Proportional voting is a pure democracy and is the road to hell in this country's election process.

[Cyber Liberty]

This "winner takes all" business is a bit of a misconstruction of what actually happens in Texas @Cyber Liberty although I suppose it IS theoretically possible for someone to do that.

Here's how it works:

Each of the 36 Congressional districts in Texas is entitled to 3 delegates which are awarded as follows (section 8 of Rule 38):

https://www.texasgop.org/rules/

I thought this case was about Electors to the Electoral College in December, not the nominating Convention.   

[Elderberry]

https://statutes.capitol.texas.gov/Docs/EL/htm/EL.192.htm

ELECTION CODE

TITLE 11. PRESIDENTIAL ELECTIONS

CHAPTER 192. PRESIDENTIAL ELECTORS AND CANDIDATES

SUBCHAPTER A. PRESIDENTIAL ELECTORS

Sec. 192.005.  VOTE REQUIRED FOR ELECTION.  The set of elector candidates that is elected is the one that corresponds to the candidates for president and vice-president receiving the most votes.

[PeteS in CA]

LULAC seems to think the SCOTUS will take the case, and I really doubt that very much.  They'll be lucky to get Cert for en Banc of the Circuit.

They're probably hoping for at least one appeals court verdict in their favor. The USSC tends to hear cases when circuits have conflicting rulings.

[Bigun]

I thought this case was about Electors to the Electoral College in December, not the nominating Convention.   

Yes, @Cyber Liberty but regardless it changes nothing:

 

Rule No. 39 – Presidential Electors

At the Biennial State Convention in presidential election years, the delegates from each
Congressional District shall nominate one (1) Presidential Elector and such nomination shall be
presented to the National Nominations Committee; additionally, the National Nominations
Committee shall select additional nominees to bring to total number of nominees to the
number allowed by law. Each such nominee for Presidential Elector, prior to the report of the
National Nominations Committee, shall file with the Chairman of the National Nominations
Committee an affidavit in writing as to the nominee’s commitment to vote for the Republican
Party’s nominees for President and Vice President. The report of the National Nominations
Committee shall include only nominees who have so filed such affidavit. The report of the
National Nominations Committee must include the nominees from the Congressional District
who have so filed affidavits. The Convention shall then elect the Presidential Electors. Any
vacancy among the Presidential Electors shall be filled by majority vote of the SREC, with the
conditions that (1) the person elected to fill the vacancy shall have already filed with the State

Once the nomination is made Texas electors are bound to vote for that nominee.

Edit to add: I assume the Democrats follow a similar procedure but couldn't tell you for sure about that.

[Cyber Liberty]

Yes, @Cyber Liberty but regardless it changes nothing:

 
Once the nomination is made Texas electors are bound to vote for that nominee.

Edit to add: I assume the Democrats follow a similar procedure but couldn't tell you for sure about that.

According to the article, 47 other states follow the same rule.  This LULAC case is absurd, they need to be petitioning the State Legislatures to change it.  They just don't want to do it 48 states in 48 separate cases, so ring up the Federales to do the heavy lifting in Court. 

 

(One for  each of us!)