Comments by "possumverde" (@possumverde) on "Forbes Breaking News"
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Article 2, sec 1, clauses 2 & 3 only deal with various aspects of the electoral college process. Clause 4 is the only one of the bunch that addresses the setting of a specific day for something. Even then, it still only applies to aspects of the electoral college procedure and clearly gives the US Congress the power to set a uniform date for all states. See below.
. Article 2, sec 1, clause 2
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Article 2, sec 1, clause 3
The electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
Article 2, sec 1, clause 4
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Also, Pretty much all states have changed their electior laws without direct action by their legislatures at some point. Texas seems to enjoy doing so on a fairly regular basis (ironic considering the suit they filed.)
As for Pennsylvania, due to how vague their state constitution is worded concerning election procedure, it can be argued that not attempting to throw out the changes made was essentially the legislature giving approval of them. Beyond that, the "police powers" given the states by the 10th amendment when it comes to emergency health/safety etc. laws could be used to justify the changes in question.
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