State Legislatures Can't Override Choice of Presidential Electors

The Misbar team has determined that this claim is false. The United States does not choose its president based on the candidate who receives the largest number of votes in a national election, but instead via the electoral college, where each state holds a separate election to select a slate of electors who cast their votes for president. The claim mentioned earlier is a misunderstanding of how the system actually works.

Article II of the U.S. Constitution states that: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”

This means that state legislatures can either choose electors based on however they would like to, however, it does not mean that they can ignore elections results and choose whichever presidential electors they want.

According to the National Conference of State Legislatures: “The U.S. Constitution does not specify procedures for the nomination of candidates for presidential elector. The two most common methods the states have adopted are nomination by state party convention and by state party committee. Generally, the parties select members known for their loyalty and service to the party, such as party leaders, state and local elected officials and party activists. In some states, the electors’ names appear on the ballot along with the names of the candidates for president and vice president. However, in most states, electors’ names are not printed on the ballot. When a voter casts a vote for a candidate for President of the United States, s/he is in actuality casting a vote for the presidential electors who were selected by that candidate’s party. When a candidate for president wins a state’s popular vote, that party’s slate of electors will be the ones to cast the vote for president of the United States in December. For example, Florida has 29 electoral votes. If President Donald Trump wins the state’s popular vote on Nov. 3, the 29 electors nominated by the Republican Party in Florida will be selected. These 29 people will gather on Dec. 14 to cast their votes for president of the United States.”

Another issue is that electors are required to be selected on Election Day, not later and that due process requires a state to give effect to the fundamental right to vote for president.

As such, we rate the claim that suggests that State Legislatures can override the results of elections and designate whichever presidential electors they choose as false.