There’s no constitutional guarantee or law saying they can’t.
In the US, states are free to decide how to elect the president in whatever way they want. They could even end the popular vote and just have the governor pick the electors.
Article II, Section I, Clause 2 of the US Constitution:
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.
Pretty straightforward enough — the state legislature gets to pick how the electors are chosen for the state, as long as it doesn’t pick a federal officeholder to be an elector. Early presidential elections had state legislatures just picking the electors themselves. South Carolina was the last state to transition to popular vote, still using state legislature appointment in the 1860 election.
The Supreme Court case McPherson v. Blacker (1892) confirmed state legislatures have plenary power over how they appoint their electors.
Maine exercised this power in 2020 by switching to ranked-choice voting for presidential elections.
There’s no constitutional guarantee or law saying they can’t.
In the US, states are free to decide how to elect the president in whatever way they want. They could even end the popular vote and just have the governor pick the electors.
Wait, seriously? Is there a reading material that you direct me to about that?
Article II, Section I, Clause 2 of the US Constitution:
Pretty straightforward enough — the state legislature gets to pick how the electors are chosen for the state, as long as it doesn’t pick a federal officeholder to be an elector. Early presidential elections had state legislatures just picking the electors themselves. South Carolina was the last state to transition to popular vote, still using state legislature appointment in the 1860 election.
The Supreme Court case McPherson v. Blacker (1892) confirmed state legislatures have plenary power over how they appoint their electors.
Maine exercised this power in 2020 by switching to ranked-choice voting for presidential elections.