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I want the ballot measure to fail.
At first, I wanted it to pass, thinking, "Hey.. it's a guaranteed 4 electoral votes?"
But then I did some thinking. Specifically, I began to envision a scenario in which Kerry would come to depend on those four electoral votes in order to win in the Electoral College. And then I envisioned the natural progression of such a scenario: the Republicans, as is typical to them, would sue, claiming that the Colorado ballot initiative would be unConstitutional.
The U.S. Constitution requires each state legislature to determine how that state's electoral votes are determined. Because this is a referendum put on the ballot by the people, and because the proportional electoral vote law is a citizen-passed law, it would (at least on the face of it) not mesh with the Constitution's requirements.
And it doesn't really matter if it's a viable argument. I'm undecided on that matter. Just the very fact that the GOP would have this convenient reason to go to court scares me. If they have anything on which to base a case, they can drive the case all the way to the Supreme Court and rely on those same damn 5 justices. THAT's at the heart of my fears. {Alternatively, if Bush uses those 4EVs to win in the Electoral College, the U.S. Supreme Court will find in his favor should Kerry decide to sue. It really isn't a matter of legal argument; it's just the idea of the case going to USSC. Sucks!}
So I don't think Kerry should decide to rely on those 4 electoral votes. He should hope that the referendum fails, and he should go for the jugular in Colorado. Besides.. it already looks like the scalpel is pretty close to Bush's Colorado hopes there..
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