Quote:
Originally Posted by HockeyIlliterate
This appears to be the relevant statutes in Florida: http://www.leg.state.fl.us/statutes/...0103/0103.html
Notably, that:
“Votes cast for the actual candidates for President and Vice President shall be counted as votes cast for the presidential electors supporting such candidates. The Department of State shall certify as elected the presidential electors of the candidates for President and Vice President who receive the highest number of votes.“
And:
“Each such elector shall be a qualified elector of the party he or she represents who has taken an oath that he or she will vote for the candidates of the party that he or she is nominated to represent. The Governor shall certify to the Department of State on or before September 1, in each presidential election year, the names of a number of electors for each political party equal to the number of senators and representatives which this state has in Congress.”
It seems pretty clear to me that the popular vote winner is who the electors must vote for and if any “fix” were in, it was in before September 1st.
Is there any stated penalty for violating these Statutes? I don’t know, but just violating any general Florida law would presumably have some sort of penalty or remedy. But I’m not licensed in Florida so maybe not. |
Quote:
Originally Posted by New Era
I didn't suggest the faithless elector would go rogue, just that the faithless elector would follow through on the wishes of the state and not the wishes of the voter. In the scenario in question, Biden could carry the popular vote in Florida, earning the electoral college votes that should come with that result. But DeSantis, being the leader of the body that appoints the representatives to the Electoral College, could send delegates with the expressed instructions to vote for Trump, nullifying the vote in Florida and the wishes of the electorate. That constitutes a faithless elector. It is an option, and one the Republicans have bounced around. This is a real possibility.
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Quote:
Originally Posted by Poster
there has to be something i am missing, otherwise why even bother having an election, just have the GOverners instruct the Electoral College.
hoping someone can clarify.
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Poster, you're not missing anything, New Era is.
Based on what HockeyIlliterate posted, the law states that the people of Florida are essentially voting for a slate of electors that have taken an oath to vote for a certain candidate, and that the Department of State must certify/send the electors that are attached to the candidates that the people voted for.
The Governor can't just send whoever he wants, nor can he tell them to vote differently than they've pledged to do (also, why would they, they're from the party of the winner). Doing either of those things would be illegal.
Based on the Supreme Court decision, the electors must vote as the state law determines, so for Florida to go rogue, a lot of things that have already been deemed illegal would have to happen.
Not much of a chance it can happen, or would hold up.