The legislature needs the governor in order to pass state laws, even election laws (see Smiley v Holm), but it absolutely has the Article II power to just select electors *without the governor*. What is controversial, in historical practice, about that?https://twitter.com/ckieser13/status/1423319194939101186 …
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Replying to @baseballcrank
Has any case ever said this? Just as a matter of current law, isn't Arizona Independent Redistricting Commission to the contrary?
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Replying to @ckieser13
Yes, McPherson v Blacker goes into detail on this point.
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Replying to @baseballcrank
But wasn't McPherson a challenge to a state law which appointed one elector by popular vote from each Congressional district...not a mere declaration from the legislature, but a state law.
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Replying to @ckieser13 @baseballcrank
In your view, could the Pennsylvania legislature adopt Maine's rule without passing legislation signed by Governor Wolf?
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Replying to @ckieser13
No, because that is a law requiring presentment to the governor.
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Replying to @baseballcrank
So in order for the legislature to appoint electors consistent with law, wouldn't it have to first repeal the current law requiring a popular vote...which would require the governor's signature?
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That, at least, is a more serious question. The legislature has inherent power to select electors without the Gov. But the situations in which it can do so when a state statute has chosen another method are much trickier, even aside from the temporal issue I discussed.
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