Given the litigation logjam, can the Florida Legislature act to appoint electors?
[updated November 23] As an initial matter, the Florida legislature would need to be called into a special session to act. This can be done at the request of the Governor or by a 3/5 majority in both houses. (The Republican margin in both houses exceeds that level). The role of the state legislature in the selection of electors begins with Article II, Section 1 of the Constitution: “Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors[.]” A federal statute makes two specific provisions for the involvement of a state legislature. Title 3, Section 2 of the United States Code states: “Whenever any state has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.” Many are starting to focus on this avenue, although there are a few important and unresolved questions about t
