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Fact check: State legislators choose electors
USA Today facted check a claim by pro-Trump personality Mark Levin
His claim:
The claim: Republican state legislators have the final say over choosing electors
Levin:
USA Today:"Reminder to the Republican state legislatures, you have the final say over the choosing of electors, not any board of elections, secretary of state, governor, or even court. You have the final say — Article II of the federal Constitution. So, get ready to do your constitutional duty," conservative radio and television show host Mark Levin posted to his Facebook page on Nov. 5.
How electors are chosen
Electors are nominated by the political parties in each state according to rules established by state legislators. The number of electors by state is equal to the number of members of the House of Representatives plus two senators, according to Article II, Section 1 of the Constitution. A senator, representative, or a person holding an office of trust or profit cannot serve as an elector.
All but two states appoint electors from a roster of people loyal to the party of the popular vote winner, according to the National Conference of State Legislatures. Maine and Nebraska appoint electors by congressional district, saving the last two votes for the statewide winner. A total of 538 electors will meet at their state capitals in December to cast their votes.USA fact check says:Could faithless electors impact the 2020 election?
Thirty-two states have passed laws requiring electors to vote as pledged, USA TODAY reported. In an unanimous decision, the Supreme Court ruled in support of these laws in July.
"The Constitution’s text and the nation’s history both support allowing a state to enforce an elector’s pledge to support his party’s nominee – and the state voters’ choice – for president," Associate Justice Elena Kagan wrote in an opinion.
The decision was in response to the 2016 presidential election in which Trump was declared the winner. Ten faithless electors submitted deviant votes, but it was not enough to change the results, USA TODAY reported.
Roosevelt eschewed the possibility of faithless electors interfering with the popular vote this year.
Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, also told USA TODAY the Supreme Court ruling "might decrease" the likelihood of deviant votes.
"The Supreme Court made it clear that the elector is not there to vote his or her conscience," Chemerinsky said. "The elector is there to vote how the state dictates."
Our rating: True
We rate this claim TRUE, based on our research. The Constitution grants state legislators the power to choose electors for the Electoral College. But the electors have the "final say" in the outcome of the presidential election. Thirty-two states adopted laws requiring electors to vote as pledged. The Supreme Court set a national precedent for voting behavior in the Electoral College when it ruled in favor of these laws in July.


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