You are misreading that statement. They - the electors of each state - make a list of THEIR votes not the popular vote of the election in their state. If what you said were true then faithless electors would be unconstitutional. The reality is that faithless electors are not only constitutional but in 21 states there are no legal ramifications for doing so. That means that an elector can vote for anyone once sent to actually vote regardless of the popular vote in that state. This has happened in the past as well and why there are laws to prevent it in 29 states.
Faithless elector - Wikipedia
If your contention was true then faithless electors could not exist. Further, not all states award their electoral votes in the same manner. Nebraska and Maine both award EC by both a popular portion and congressional districts (split in the same manner in which they get those votes). If the constitution directed how electoral votes were awarded then this would not be possible - all 50 states follow the same constitutional requirements. In reality, the constitution says absolutely nothing on how electoral votes are to be awarded. All it does is lay out the process for them to actually vote and how many each state receives.
Read Article Ii Section 1
It says the electors
SHALL MAKE a list of the candidates voted
AND certify the vote counts of each candidate of their assigned state. That result is sealed and presented to the president of the senate. The state awards the candidate the electoral count based on those votes which are certified.
Shall make is not suggestive and does not leave interpretation for an "option". Article II section 1 and Amendment XII both give clear instruction regarding how states are to follow the process of an electoral college, which specifies a list candidates and to provide certified vote counts of each candidate that's voted on. Only if no presidential candidate receives a count of 270 can a group of representatives, and not the people, be allowed to make a decision regarding the selection of a President and Vice President. That case senerio is stated and a resolution provided under the XII Amendment, the Constitution makes no other allowances to a change in the decision for president.
I've quoted what's written in the United States Constitution regarding the electing of a president from a selection of candidates. Now I want you to show me where it clearly states your argument, regarding the electoral college. Namely that electors of a state CAN relinquish their electoral college contrary to the voting count they have received - Amendment or Article and section. When is it shown "historically" that a state electorate has actually made a decision that was contrary to those votes received, that successfully changed the nomination and outcome in making its final decision of a presidential election. I would like to see where you are finding that to have specifically occurred in a national election, and where it's written in the constitution that electorates have allowances to make their own decisions in choosing for themselves (not based on voting results received) a presidential candidate, in your next response to back up your argument.
That's the *ELECTORAL* vote count, Sparkles.
And yes it
is completely up to the state's discretion
"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."
>> In the earliest presidential elections, many states did not have popular elections for electors. Their legislatures simply chose electors. Over time, states gradually moved toward the popular elections we now take for granted.
But state legislatures have occasionally retained the power for themselves.
In 1876, for instance, the new state of Colorado opted not to hold a popular election for electors, with the legislature claiming publicly that it
lacked sufficient time to organize an election. It’s more likely that Republican legislators worried that the people would vote for three Democratic electors and move to end Reconstruction in a closely contested election. The state legislature chose to retain the power to choose electors for itself — just that one time.
And state legislatures have modified the rules for the selection of presidential electors when they worry that the people of the state will vote for a disfavored candidate.
In 1892, for instance, Democrats gained control of the Michigan legislature. They decided that presidential electors should be appointed according to popular vote totals in each congressional district, as opposed to the statewide winner-take-all system that had previously existed. Michiganders had consistently voted for a slate of Republican electors in the recent past, and the move to elections by district guaranteed that Democrats would win at least a few of electoral votes.
In
McPherson v. Blacker, the Supreme Court approved Michigan’s move and
found that the mode of appointing electors was “exclusively” reserved to the states. The court would not interfere with the state legislature’s decision, whatever the reason. << ---
EC Can Still Stop Rump
*NOR*, Sparkles, are such electors required to reflect the popular votes of their state --- or even to consider whether the person they vote for
is even a declared candidate at all. In 1960 fifteen electors from three different states decided they would not vote for either Kennedy or Nixon and cast their votes for Senator Harry Byrd, who wasn't even running for President.
So yes they can.
Perhaps
you should read the Constitution. And a history book.
Bottom line -- Wisconsin need not forfeit its EV on account of not having a recount done, because it doesn't need to know that number. It doesn't need to have held an election at all. No state does.