2016 Postmortem
Related: About this forumDoes anyone know about this??
I saw this online. Anyone else heard?
No link sorry.
Asa Gordon, a retired astrodynamicist and currently Executive Director of the Douglass Institute of Government, has filed a potentially ground breaking suit in the United States District Court for the District of Columbia (Gordon v. NARA, 1:16-cv-02458, filed December 16, 2016). Decisions of the D.C. Circuit Court of Appeals, one notch up, have the same binding precedential value nationwide as those of SCOTUS.
The suit is Mandamus Civil Action under the Administrative Procedures Act seeking to compel the Office of the Federal Register of the National Archives and Records Administration to REJECT Certificates of Votes that record the award of Electors on a winner-take-all basis. The suit alleges that such certificates are ungrounded in State Law, Federal Law or the United States Constitution, and that such award is specically contrary to required proportional allocation of Electors based on Amendment 14, Section 2, as enforced by 2 U.S.C§6.
The suit alleges that the correct allocation of Electors should be: Clinton (291), Trump (244), Johnson (3). IF PLAINTIFF PREVAILS, CLINTON WOULD BE ELECTED PRESIDENT, NOT TRUMP.
The question raised is whether selection of Presidential Electors pledged to Donald Trump on December 19th, 2016 on a "winner-take-all" basis abridged the right of state citizens (who voted for presidential electors pledged to other candidates) violate of the malapportionment penalty clause of the Second Section of the Fourteenth Amendment. Under the plaintiffs theory of the case, "Certificates of Votes" for 11 states violate the Constitution's Malapportionment Penalty Clause. These eleven states are Alabama, Arizona, Georgia, Indiana, Iowa, Michigan, North Carolina, Pennsylvania, South Carolina, Tennessee and Wisconsin.
Allegedly the United States Constitution requires that States allocate their presidential electors in proportion to the popular vote split or suffer the federal statutory mandate to reduce the states' representatives in Congress. Allocation of electors on a 'winner take all' basis without an explicit state election code triggers the malapportionment penalty of Section 2 of the 14th Amendment (Amend.14§2), as implemented by the "reduction of representation" federal statute Section 6 of title 2 of the United States Code (2USC§6). The "reduction of representation" statute creates a remedy for the abridgment of the right "to vote at any election for the choice of electors for President and Vice-President of the United States."
Only thing I could locate online was acknowledgement that such case has been filed. The sole document listed is the complaint that is apparently not available for downloading. I have no access to PACER, the governments controlled access search engine utilized on federal court websites.
https://www.unitedstatescourts.org/federal/dcd/183416/
triron
(22,240 posts)Worth a shot I guess but very long shot. VERY long. But I know nothing about law or constitutional law.How did you find the details?
MFM008
(20,008 posts)keep an eye out..........
right in the post, i copied it as is from a democratic site.
jimlup
(8,008 posts)the system is now pretty much "rigged" as the orange baboon king would say.
ProudLib72
(17,984 posts)good. Till the media gets wind of it and the twitter feeds get jammed.
pnwmom
(109,622 posts)Here's a link to more information.
http://www.electors.us
ON EDIT:
I don't know anything about this site, but Asa Gordon seems to have filed a similar lawsuit in 2008, and was denied on the grounds of standing -- meaning, he wasn't the right person to file.
http://independentpoliticalreport.com/2009/04/court-rules-on-pro-bono-electoral-college-lawsuit-filed-by-a-dc-statehood-green-party-member/
underthematrix
(5,811 posts)eggplant
(4,002 posts)The presumption here would be that the states in question don't actually have such a law on their books. I have no idea either way.
Buckeye_Democrat
(15,061 posts)Clinton would have won the electoral college if ALL states allocated their electors proportionally too, of course!
If we're going to keep the damn electoral college, that seems like a sensible way to do it!
I did the calculations just for sh*ts and giggles a few days after the election, mostly to see how close proportional electoral allocation came to the popular vote, percentage-wise. (The popular vote totals have since been updated because of slow counts.) Not that it really matters, but Clinton had an even bigger percentage gap among proportional electors than she did the popular vote! At least at that time. EDIT: It was very nearly the same, though! Not a big difference at all.
treestar
(82,383 posts)Nothing wring with trying !
triron
(22,240 posts)Why is anything different this time if this is not 1st time?
onenote
(44,773 posts)He's been pushing his apportionment theory for years and has consistently been shot down by the courts. And he will be again.
Here's an earlier decision:
https://www.courtlistener.com/pdf/2011/11/23/gordon_v._miller_1.pdf
Nothing here.
lutherj
(2,682 posts)some such crap . . .
AmericanActivist
(1,019 posts)Binkie The Clown
(7,911 posts)dlk
(12,466 posts)Given that the current Electoral College disenfranchises voters, it would seem that interested attorneys or at least enthusiastic con law students would enter this arena. Much has been lost due to the misuse of the Electoral College, including one person, one vote.
EL34x4
(2,003 posts)...maybe he should be looking to the skies for that one satellite that's going to fall from orbit and hit President-elect Trump in the head, the chances of which happening are immeasurably better than winning the lawsuit he filed.
MFM008
(20,008 posts)He is a big fat dinosaur.
Yupster
(14,308 posts)State legislatures could just name a slate of electors and the election would be perfectly Constitutional.