Reply #46: Simple [View All]

[Yunaleska]

A state legislature has the right to decide ANY way it wants electors to be chosen. IF it allows a citizen initiative to make that call then that is perfectly legal.

However, if the CO legislature wanted to it could decide tomorrow all the electors will be chosen by flip of coin totally overriding any initiative. That would be perfectly constitutional because the legislature is explicitly granted that ability. No one would have any grounds to challenge it, and if they tried the courts would side with the legislature. (There is also already talk in legal circles of a potential legal challenge on constitutional grounds should this happen even if the CO legislature stays mute - however it must happen before such a challenge could occur)

NOW - the question is - would the CA legislature (which is FIRMLY in our hands) allow such a change in it's state? The answer is hell no. Ultimately the state legislature makes the call. It's always been that way - and will be until the US constitution is amended.