A Journal about Electoral Tyranny, the dullness of mobs, and diminishing returns.

Thursday, January 18, 2007

Electoral Procedure by State, Terminal.

No Legal Requirement - Electors in these States are not bound by State Law to cast their vote for a specific candidate:
PENNSYLVANIA - 21 Electoral Votes 
RHODE ISLAND - 4 Electoral Votes
SOUTH CAROLINA - 8 Electoral Votes
State Pledge / State Law -(Replacement and criminal sanctions for violation.) § 7-19-80


SECTION 7-19-70. Election of presidential electors; certificates of appointment.
Unless otherwise provided, the election of presidential electors shall be conducted and the returns made in the manner prescribed by this chapter for the election of state officers.
The names of candidates for electors of President and Vice President nominated by any political party recognized in this State under Section 7-9-10 or by a valid petition shall be filed with the Secretary of State but shall not be printed on the ballot. In place of their names, in accordance with the provisions of Section 7-13-320, there shall be printed on the ballot the names of the candidates for President and Vice President of each political party recognized in this State and the names of any petition candidates for President and Vice President. A vote for the candidates named on the ballot shall be a vote for the electors of the party by which those candidates were nominated or the electors of petition candidates whose names have been filed with the Secretary of State.
Upon receipt of the certified determination of the Board of State Canvassers and delivered to him in accordance with Section 7-17-300, the Secretary of State, under his hand and the seal of his office, as required by Section 7-17-310, shall certify to the Governor the names of the persons elected to the office of elector for President and Vice President of the United States as stated in the certified determination, who shall be deemed appointed as electors.
It shall be the duty of the Governor, as soon as practicable after the conclusion of the appointment of the electors pursuant to the laws of the State providing for the election and appointment of the electors, to communicate by registered mail under the seal of the State to the Administrator of General Services a certificate of appointment of the electors, setting forth the names of the electors and the canvass or other ascertainment under the laws of this State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast. It shall also thereupon be the duty of the Governor to deliver to the electors of the State, on or before the day on which they are required by law to meet, six duplicate originals of the same certificate under the seal of the State. If there shall have been any final determination in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors, it shall be the duty of the Governor, as soon as practicable after the determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination.
SECTION 7-19-80. Candidate for elector shall declare for which candidates he will vote; elector shall vote for candidates for whom he declared.
Each candidate for presidential and vice-presidential elector shall declare which candidate for president and vice-president he will vote for if elected. Those elected shall vote for the president and vice-president candidates for whom they declared. Any person selected to fill a vacancy in the electoral college shall vote for the candidates the elector whose place he is taking had declared for. The declaration shall be made to the Secretary of State on such form as he may require not later than sixty days prior to the general election for electors. No candidate for president and vice-president elector shall have his name placed on the ballot who fails to make such declaration by the prescribed time. Any elector who votes contrary to the provisions of this section shall be deemed guilty of violating the election laws of this State and upon conviction shall be punished according to law. Any registered elector shall have the right to institute proper action to require compliance with the provisions of this section. The Attorney General shall institute criminal action for any violation of the provision of this section. Provided, the executive committee of the party from which an elector of the electoral college was elected may relieve the elector from the obligation to vote for a specific candidate when, in its judgment, circumstances shall have arisen which, in the opinion of the committee, it would not be in the best interest of the State for the elector to cast his ballot for such a candidate.
SECTION 7-19-90. Meeting of electors; organization; balloting and certification of results.
The electors for President and Vice President shall convene at the capitol, in the office of the Secretary of State, at eleven in the forenoon, on the first Monday after the second Wednesday in December next following their appointment, and shall proceed to effect a permanent organization by the election of a president and secretary from their own body. The electors shall next proceed to fill by ballot and by plurality of votes all vacancies in the electoral college occasioned by the death, refusal to serve, or neglect to attend, of any elector. The electors shall then and there vote by ballot for President and Vice President, one of whom at least shall not be an inhabitant of the same State with themselves.
The electors shall make and sign six certificates of all the votes given by them for President and Vice President, each of which certificates shall contain two distinct lists, one of the votes for President and the other for Vice President, and shall annex to each of the certificates one of the lists of the electors which shall have been furnished to them by the Secretary of State by direction of the Governor. The electors shall seal up separately the certificates and lists of the electors so made by them, and certify upon each that the list of all the votes of the State given for President, and of all of the votes given for Vice President are contained therein.
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No Legal Requirement - Electors in these States are not bound by State Law to cast their vote for a specific candidate:
SOUTH DAKOTA - 3 Electoral Votes 
TENNESSEE - 11 Electoral Votes 
TEXAS - 34 Electoral Votes 
UTAH - 5 Electoral Votes

VERMONT - 3 Electoral Votes
State Law - title 17, § 2732


TITLE 17
Elections
CHAPTER 57. PRESIDENTIAL ELECTIONS

§ 2721. Nomination of presidential electors
In presidential election years, presidential electors for major political parties shall be nominated at the party platform convention held pursuant to this title. Electors for all other presidential candidates shall be nominated pursuant to subchapter 3 of chapter 49 of this title. (Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.)
§ 2722. Certification of nominees for electors
After adjournment of the platform convention of a major political party, the chairman and secretary of the convention shall promptly execute a sworn statement certifying the names, towns of residence, and correct mailing addresses of the persons nominated by the convention to serve as electors, and shall promptly file the statement with the secretary of state, along with the written consent of each person to be a nominee for elector. (Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.)
§ 2731. Certificates of election
When the canvassing board provided for in section 2592 of this title meets, it shall issue its certificates of election, with respect to the presidential election, to the electors nominated by the party whose candidate for president has received the greatest number of votes. (Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.)
§ 2732. Meeting of electors
The electors shall meet at the state house on the first Monday after the second Wednesday in December next following their election, to vote for president and vice-president of the United States, agreeably to the laws of the United States. If there is a vacancy in the electoral college on that day, occasioned by death, refusal to act, neglect to attend, failure of a person elected to qualify, or for other cause, the other electors present shall at once fill such vacancy viva voce and by a plurality of votes. When all the electors appear or a vacancy therein is filled, the electors shall perform the duties required of them by the constitution and laws of the United States. If a vacancy occurs and is filled as aforesaid, the electors shall attach to the certificate of their votes a statement showing how such a vacancy occurred and their action thereon. The electors must vote for the candidates for president and vice-president who received the greatest number of votes at the general election. (Added 1979, No. 199 (Adj. Sess.), § 1, eff. May 6, 1980.)

Curiously, Vermont's electoral law goes on too long for me to swallow that last binding edict. The top ten list is now a top 15, maybe.

Let's push on.

VIRGINIA - 13 Electoral Votes
State Law - (Virginia statute may be advisory - "Shall be expected" to vote for nominees.)§ 24.1-162


24.2-202. Electors for President and Vice President.
The qualified voters of the Commonwealth shall choose the Commonwealth's electors for President and Vice President of the United States at the general election in November 1996, and every fourth year the
The qualified voters of the Commonwealth shall choose the Commonwealth's electors for President and Vice President of the United States at the general election in November 1996, and every fourth year thereafter. Each voter shall vote for a number of electors which equals the whole number of senators and representatives to which the Commonwealth at that time is entitled in the Congress of the United States.

§ 24.2-203. Convening of electors; filling vacancies; how electors required to vote.
The electors shall convene at the capitol building in the capital city of the Commonwealth at 12:00 noon on the first Monday after the second Wednesday in December following their election. Those electors present shall immediately fill, by ballot and by a plurality of votes, any vacancy due to death, failure or inability to attend, refusal to act, or other cause. When all electors are present, or the vacancies have been filled, they shall proceed to perform the duties required of such electors by the Constitution and laws of the United States.
Electors selected by the state convention of any political party as defined in § 24.2-101 shall be required to vote for the nominees of the national convention to which the state convention elects delegates. Electors named in any petition of qualified voters as provided in § 24.2-543 shall be required to vote for the persons named for President and for Vice President in the petition.

An Even more specious set of instructions for electors and voters wishing to get counted. I like the indy party/petition coalition provision, though.
No Legal Requirement - Electors in these States are not bound by State Law to cast their vote for a specific candidate:
WEST VIRGINIA - 5 Electoral Votes

Here's where i was pushing: the last of the official "not bound" list, states in which electoral practice is admittedly unfettered by a requirement of democratic resonance.

Let's bring 'em out again folks!

ARIZONA - 10 Electoral Votes 
ARKANSAS - 6 Electoral Votes 
DELAWARE - 3 Electoral Votes 
GEORGIA - 15 Electoral Votes 
IDAHO - 4 Electoral Votes 
ILLINOIS - 21 Electoral Votes 
INDIANA - 11 Electoral Votes 
IOWA - 7 Electoral Votes 
KANSAS - 6 Electoral Votes 
KENTUCKY - 8 Electoral Votes 
LOUISIANA - 9 Electoral Votes 
MINNESOTA - 10 Electoral VotesMISSOURI - 11 Electoral Votes 
NEW HAMPSHIRE - 4 Electoral Votes 
NEW JERSEY - 15 Electoral Votes 
NEW YORK - 31 Electoral Votes 
NORTH DAKOTA - 3 Electoral Votes 
PENNSYLVANIA - 21 Electoral Votes 
RHODE ISLAND - 4 Electoral Votes 
SOUTH DAKOTA - 3 Electoral Votes 
TENNESSEE - 11 Electoral Votes 
TEXAS - 34 Electoral Votes 
UTAH - 5 Electoral Votes 
WEST VIRGINIA - 5 Electoral Votes
Total Votes Up For Grab:

257

Majority Needed to Elect:

270




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WASHINGTON - 11 Electoral Votes
Party Pledge / State Law -($1000 fine.)§§ 29.71.020, 29.71.040, Supp.

RCW 29A.56.320
Nomination -- Pledge by electors -- What names on ballots -- How counted.
In the year in which a presidential election is held, each major political party and each minor political party or independent candidate convention held under chapter 29A.20 RCW that nominates candidates for president and vice president of the United States shall nominate presidential electors for this state. The party or convention shall file with the secretary of state a certificate signed by the presiding officer of the convention at which the presidential electors were chosen, listing the names and addresses of the presidential electors. Each presidential elector shall execute and file with the secretary of state a pledge that, as an elector, he or she will vote for the candidates nominated by that party. The names of presidential electors shall not appear on the ballots. The votes cast for candidates for president and vice president of each political party shall be counted for the candidates for presidential electors of that political party.

[2003 c 111 § 1425. Prior: 1990 c 59 § 69; 1977 ex.s. c 238 § 1; 1965 c 9 §29.71.020 ; prior: 1935 c 20 § 1; RRS § 5138-1. Formerly RCW 29.71.020.]
Standard name switching Party pledge substitute hitter.
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WISCONSIN - 10 Electoral Votes
State Law -§ 7.75

7.75      
7.75Presidential electors meeting.

7.75(1)      
(1) The electors for president and vice president shall meet at the state capitol following the presidential election at 12:00 noon the first Monday after the 2nd Wednesday in December. If there is a vacancy in the office of an elector due to death, refusal to act, failure to attend or other cause, the electors present shall immediately proceed to fill by ballot, by a plurality of votes, the electoral college vacancy. When all electors are present, or the vacancies filled, they shall perform their required duties under the constitution and laws of the United States.

7.75(2)      
(2) The presidential electors, when convened, shall vote by ballot for that person for president and that person for vice president who are, respectively, the candidates of the political party which nominated them under s. 8.18, the candidates whose names appeared on the nomination papers filed under s. 8.20, or the candidate or candidates who filed their names under s. 8.185 (2), except that at least one of the persons for whom the electors vote may not be an inhabitant of this state. A presidential elector is not required to vote for a candidate who is deceased at the time of the meeting.
 
Wisco' almost gets it right(ish), but at the last minute appears to forget how to decide which electors get to vote. We'll look into this one more.

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WYOMING - 3 Electoral Votes
State Law - §§ 22-19-106; 22-19-108


CHAPTER 19
PRESIDENTIAL ELECTORS

2219101.  When elected; number.

At a general election for president and vicepresident of the United States, electors for president and vicepresident of the United States shall be elected equal in number to senators and representatives in congress allotted to the state of Wyoming.

2219102.  Nomination.

(a)  In a general election year, the state convention of a political party nominating candidates for president and vice-president of the United States shall nominate the party's candidates for presidential electors and file certificates of nomination for these candidates with the secretary of state not later than thirty (30) days following termination of the state convention.

(b)  Independent candidates for president shall file the candidate’s nominees for presidential electors not less than seventy (70) days prior to the general election. The nominees shall be qualified electors.

2219103.  Crediting of votes.

The number of votes received by presidential and vice-presidential candidates is the number of votes credited to their electors.

2219104.  Certificate of election; directive.

Immediately upon filing of the certificate of the state canvassing board stating the result of the election, the governor shall issue a certificate of election to candidates elected to the office of presidential elector. The certificate shall direct the elector to attend a meeting with the governor in the office of the secretary of state at 12:00 noon on the Monday following the second Wednesday in December of presidential election years.

2219105.  Vacancy in nomination.

A vacancy in nomination for the office of presidential elector occurring before the general election shall be filled by the state central committee of the political party whose vacancy is to be filled or by an independent candidate's remaining electors, by certifying the name of the person filling the vacancy to the secretary of state.

2219106.  Certified electors to meet; vacancies.

Certified electors shall convene in the office of the secretary of state at 12:00 noon on the Monday following the second Wednesday in December of presidential election years. A vacancy in the office of elector for any cause including nonattendance shall be filled and certified by a majority of electors present.

2219107.  College of electors; duties.

When all electors are present and vacancies filled they shall constitute the college of electors of the state of Wyoming and shall perform duties as required by the constitution and laws of the United States.

2219108.  How electors to vote.

All Wyoming electors shall vote for the candidates for the office of president and vicepresident receiving the highest number of votes in the Wyoming general election.

2219109.  Compensation and mileage.

An elector shall receive fifty dollars ($50.00) compensation and mileage at the present rate for state employees.


Wyoming made me D/L a file and OPEN WORD. That's fascism for ya.
Their State's electoral procedure is an All-For-One though, and electors have to vote with the herd.


Shouts Out, stenostyle, to
NARA - Feddies Who Care!!!&trade:

----and----

FindLaw.Com - When You Want to...find a law.

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