Will Colorado change how it names its presidential electors?

As promised, here’s a poll.

After further review, I’m retracting my earlier statement that this initiative is unconstitutional.

Article I of the Constitution grants state legislatures power over the “times, places, and manner” of Congressional elections in language very similar to that concerning “elector elections” in Article II. Since the “times, places, and manner” clause serves as the basis for state power over Congressional districting, it has been heavily litigated. Despite the fact that Article I appears to exclusively empower the legislature, SCOTUS has held redistricting to be an ordinary exercise in state lawmaking, subject to whatever constraints a state Constitution may impose in terms of gubernatorial veto (Smiley v. Holm), overrule by initiative or referendum (Ohio ex rel Davis v. Hildebrant), or judicial intervention (Colorado General Assembly v. Salazar, cert denied).

Under a parallel reading of Article II, this initiative would pass muster–at least for future elections. I’m still not convinced it can apply to 2004; this strikes me as a due process violation. See this article for additional discussion.

So it might pass, and it’s probably constitutional. This pig may yet fly after all.