Opinion: No, State Legislatures Cannot Overrule the Popular Vote

Just Security

In other words, under the constitutional timing provision as implemented by federal law, the absolute last day a state legislature could have decided to appoint the state’s presidential electors for this election was November 3, 2020.  Once that date passed, the determinative popular votes had all been cast, and therefore the legislature’s authority to change the state’s manner of appointing electors in 2020 passed as well. Fortunately, our Constitution and our laws are designed to restrain the worst impulses of partisan actors. State legislatures have no power to veto their own citizens’ votes for president.

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