Sunday, August 01, 2004

Note to Colorado Democrats...Not So Fast

Colorado Democrats think they've found a way to tip 4 of the State's 9 electoral votes to Kerry, even if Bush wins the popular vote in Colorado. How? They've floated a ballot initiative that would split the State's electoral votes in proportion to the popular vote. The formula would, in most cases, result in a 5-4 split in favor of the candidate with the most popular votes in Colorado. The initiative has garnered enough signatures to be placed on the November ballot.

Fortunately, there are two obstacles to the passage of this scheme. First, it must be approved by a majority of Colorado's voters, which is unlikely because most (if not all) Bush voters will reject it, and some Kerry voters will reject it on the off-chance that Kerry will win Colorado's popular vote. Second, even if it's approved by a majority of Colorado's voters it will be challenged as unconstitutional (that's the U.S. Constitution I'm talking about). As it says in Article II, Section 1, paragraph 2 of the U.S. Constitution:
Each State shall appoint, in such manner as the Legislature thereof may direct, a Number of Electors...[emphasis added].
It seems to me that a ballot initiative, in this case, would amount to an unconstitutional usurpation of legislative power.


(Here's the story. Thanks to Ed Driscoll.com for the tip.)