[DFHippie]

Not counting the delegates isn't preventing the assembly.

The constitution doesn't ensure free and fair elections, unfortunately, as is demonstrated by the fact that states can pass laws regarding primaries that are mutually inconsistent. States A and B can both pass laws saying they have to have the first primaries in an election.

[lesuorac]

Going a step further, the constitution doesn't require states to have their citizens vote on the delegates to the electoral college. The state (Legislature) could decide that the Electors are actually always for one party's candidate and that no state wide election is necessary.

> [1] 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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

[1]: https://constitution.congress.gov/browse/article-2/section-1...

[justin66]

> The state (Legislature) could decide that the Electors are actually always for one party's candidate and that no state wide election is necessary.

There is plenty in the constitution and in case law that would apply if a state effectively tried to prevent citizens from exercising the franchise. It's not like the topic has never come up before.

[lesuorac]

I welcome you to quote from the constitution that applies.

The case law uses the 14th amendment which also does not mention the word voting anywhere so again, strictly looking at the text of the constitution, states do not need to allow their citizens to vote on the president.

The case law is also strictly only focused on can you deny voting to some but never the question of to all.

> [1]: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

[1]: https://constitution.congress.gov/browse/essay/amdt14-S1-8-6...

[sidewndr46]

There was an attempt to do this at some point in Alabama. I can't find it right now but a group made up a bunch of "Who decides your X? The party or the people?" with hammer & sickle logos on it.

[lesuorac]

I'm always surprised there aren't troll billboards in the south of "Vote Red for Socialism" overlayed on a Soviet flag.