[homarano]

The constitution lets each state's legislature pick electors through whatever means it chooses. Popular vote, friends of the legislature, arm wrestling contest, winner of national popular vote, whatever.

My main concern with the NPVIC is that legislatures might change their mind between election day and elector day if their electors go to the minority party in their state.

[anon291]

That is correct. The legislature can pick through whatever means it chooses. It cannot however ask the people to vote and then ignore the result because that is not a republican form of government, which the federal government is constitutionally required to guarantee to all citizens of a state.

A wrestling contest between state legislators would be a perfectly legal way to choose electoral votes. Winner of a foreign vote would not be.

[owisd]

They can set the rules however they like before the vote, but the Electoral Count Act prohibits states changing the rules around how they appoint electors once the votes have been cast.