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University of Miami Law School

Voting

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States May Statutorily Bind Presidential Electors, The Myth Of National Popular Vote, The Reality Of Elector Unit Rule Voting And Old Light On Three-Fifths Of Other Persons, William Josephson Jun 2022

States May Statutorily Bind Presidential Electors, The Myth Of National Popular Vote, The Reality Of Elector Unit Rule Voting And Old Light On Three-Fifths Of Other Persons, William Josephson

University of Miami Law Review

This Article discusses the United States Supreme Court’s July 6, 2020 decision in Chiafalo v. Washington State as it impacts the most in-depth analysis yet published of the proposed National Popular Vote (“NPV”) Interstate Compact. NPV purports to provide for popular vote election of a President of the United States even if the winner of the popular vote did not win the Electoral College. It concludes that NPV cannot accomplish its purported purpose. The article also criticizes a recent article proposing dividing each state’s electors vote in accordance with the popular vote proportions in each such state instead of, as …


One Vote, Two Winners: Team-Ticket Gubernatorial Elections And The Need For Further Reform, T. Quinn Yeargain Jun 2021

One Vote, Two Winners: Team-Ticket Gubernatorial Elections And The Need For Further Reform, T. Quinn Yeargain

University of Miami Law Review

Historically, governors and lieutenant governors were elected in separate elections. This frequently meant that governors and lieutenant governors of different parties were elected, undermining the democratic legitimacy of gubernatorial succession. But when New York adopted team tickets in 1953, it ignited a flurry of similar changes nationwide. Today, most states with lieutenant governors elect them on a team ticket with governors. And, since the initial adoption of team tickets, several other trends—specifically, trends away from separate primaries and toward post-primary selection—have emerged in how lieutenant governors are elected. Despite the significance of these changes, however, they remain largely unexplored by …