Tuesday, October 4, 2016

If Trump Carried CA He Won’t Get CA’s Electoral Votes

Thanks to Richard Winger of Ballot Access News for this post.

Due to a combination of eccentric behavior on the part of the California Secretary of State, and the California Republican Party, if Trump carries California in the popular vote on November 8, he still won’t get California’s Electoral votes.

Due to the Ballot format, California voters who wish to vote for Trump will be forced to cast an overvote. The Ballot design forces Trump voters to vote for 108 different individuals for Presidential elector, yet California is only entitled to 55 Electoral votes.

Trump’s name is on the November California Ballot as “Donald J. Trump, Republican, American Independent.” There is only one space on the ballot to vote for Trump. Therefore, all votes cast in that one space for Trump are over-votes and all will be invalid.

Section 6902 of the California Election code says, “At the general election in each leap year, there shall be chosen by the voters of the state as many electors of President and Vice President as the state is then entitled to.” California is entitled to 55 Electoral votes.

Section 15505 of the California Election code says, “No later than the 32nd day following the election, the Secretary of State shall analyze the votes given for presidential electors, and certify to the Governor the names of the proper number of persons having the highest number of votes. The Secretary of State shall thereupon issue and transmit to each presidential elector a certificate of election.”

Section 14285 says, “The voter shall, by using the provided marking device, place a mark in the voting square, rectangle, or other specific voting space following the names of the candidates for that office for whom the voter intends to vote, not exceeding, however, the number of candidates to be elected.”

The California Republican Party was free to have nominated the same Presidential Elector candidates as the American Independent Party (AIP).

The AIP turned in its list first, so the Republican Party was aware of the AIP names.

But the Republican Party, which filed its slate at the last hour before the deadline for Electors, chose to ignore the AIP list and submit different candidates.

The AIP had been suggesting a joint list to the Republican Party ever since August, and had even offered to let the Republicans choose 50 members, but the Republicans ignored the AIP request.

NYC Wins When Everyone Can Vote! Michael H. Drucker
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