On the Equal Protection Clause argument and the National Popular Vote project

The argument could be made that some state laws already require that the winner of the national popular vote be awarded the state’s electors. For example, Michigan law states that, “The candidates for electors of president and vice-president who shall be considered elected are those whose names have been certified to the secretary of state by that political party receiving the greatest number of votes for those offices at the next November election,” Mich. Comp. Laws sec. 168.42, and doesn’t specify greatest number of votes in Michigan. Texas law is similar: “The set of elector candidates that is elected is the one that corresponds to the candidates for president and vice-president receiving the most votes.” Tex. Election Code sec. 192.005. The electoral votes of those two states combined would be sufficient change the outcome.

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