“The Myth of National Popular Vote Presidential Elections and the Reality of Elector Unit Rule Voting”

William Josephson has posted this draft on SSRN. Here is the abstract:

The Myth of National Popular Vote Presidential Elections and the Reality of Elector Unit Rule Voting discusses in unprecedented depth if the proposed National Popular Vote Interstate Compact can provide for popular election of a President of the United States whether or not the winner of the popular vote also wins the Electoral College. It concludes that NPV cannot accomplish its purported purpose.

The article also discusses a recent article proposing each state’s electors to vote in accordance with the popular vote proportions in their respective states instead of, as the case now, unanimously, by the unit rule. It concludes that this change would be impractical and unwise.

The revision also contains a new critical section on a recent article asserting that the Electoral College is more than an echo of slavery and a new conclusory section.

This article is current as of February 13, 2020. It reflects the 10th Circuit’s decision in Baca v. Colorado Secretary of State and the Supreme Court’s grant of review in that case and the conflicting Washington State Supreme Court case, Matter of Guerra.

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