And? Ex post facto means you can’t change a law so that it has retroactive force, we aren’t talking about changing the vote. There is no retro-active because they haven’t selected the electors yet.
It’s a combination of Constitution and federal law.
The Constitution gives the state legislatures the power to choose electors.
It gives Congress the power to choose when those electors must be chosen.
Federal laws that Congress has written governing this give deadlines to the state legislatures on when and how the electors must be chosen…there are couple of deadlines…a Election Day is one, which Congress has declared is the first Tuesday in November, and for some of those rules that make sure the state’s electors will be accepted by Congress (Dec 8 is this year’s date, I believe).
The upshot of all this is…if the Pennsylvania legislature tried this, they would essentially forfeit their right to select the electors by ANY method, and Congress could actually choose how the electors are chosen…and it might be be NEITHER method.
A lot of these laws were written due to the controversy of the Election of 1876, where Hayes and Tilden were locked in such a bitter dispute over the electoral votes of three states needed to clinch the election (Tilden only needed one of them…Hayes needed all of them), each side DID, in fact, send rival slates of electors to Congress to vote. How Congress attempted to solve the issue with a special commission got even more ■■■■■■ up, and second Civil War almost broke out until the two sides reached a compromise two days before Inauguration Day (which back then was March 4).
I relate all this history because this is all the ■■■■■■■■ that some want to launch upon us again.
On behalf of Donald Trump…of all people.
And constitutional scholars and sitting US Senators should know all this and should be descrying it, not encouraging it.
Actually the electors have been chosen…there are two slates (Hillary Clinton is one for New York, for example)…which one goes to Congress is determined by the popular vote.
Wow, they were sending Hillary if Trump won? Hmm, sounds like maybe that wasn’t a final choice yet to me. No, Hillary was chosen as a potential elector, she won’t be an actual elector until the legislature finalizes it.
Choosing each State’s electors is a two-part process. First, the political parties in each State choose slates of potential electors sometime before the general election. Second, during the general election, the voters in each State select their State’s electors by casting their ballots.
The first part of the process is controlled by the political parties in each State and varies from State to State. Generally, the parties either nominate slates of potential electors at their State party conventions or they chose them by a vote of the party’s central committee. This happens in each State for each party by whatever rules the State party and (sometimes) the national party have for the process. This first part of the process results in each Presidential candidate having their own unique slate of potential electors.
Political parties often choose individuals for the slate to recognize their service and dedication to that political party. They may be State elected officials, State party leaders, or people in the State who have a personal or political affiliation with their party’s Presidential candidate. (For specific information about how slates of potential electors are chosen, contact the political parties in each State.)
The second part of the process happens during the general election. When the voters in each State cast votes for the Presidential candidate of their choice they are voting to select their State’s electors. The potential electors’ names may or may not appear on the ballot below the name of the Presidential candidates, depending on election procedures and ballot formats in each State.
The winning Presidential candidate’s slate of potential electors are appointed as the State’s electors—except in Nebraska and Maine, which have proportional distribution of the electors. In Nebraska and Maine, the State winner receives two electors and the winner of each congressional district (who may be the same as the overall winner or a different candidate) receives one elector. This system permits Nebraska and Maine to award electors to more than one candidate.