Clearly a long shot idea.
Someone who voted in a state that went for Trump should sue their state’s designated election authority to switch their state’s official results to Clinton. The grounds for the suit? Because the electoral college system has debased their vote (and those of Clinton voters nationally), violating their right to equal protection of the laws.
In 1964, in the case “Baker v, Carr”[369 U.S. 186, 188] the Supreme Court held that “ plaintiffs and others similarly situated, are denied the equal protection of the laws accorded them by the Fourteenth Amendment to the Constitution of the United States by virtue of the debasement of their votes” and so were allowed to sue for remedy.
(The facts in Baker concerned unequal proportionality in the Tennessee Legislature).
How does the Electoral College debase the value of votes for Clinton? Clinton won the popular vote. By a lot. (Over a million votes, maybe even two million).
Yet, as it stands now, Clinton will get only 232 Electoral votes for 62.6 Million votes; while Trump gets 306 Electoral Votes with only 61.4 Million votes.
So each actual vote for Trump gets 4.97 millionths of an Electoral College vote; but Clinton gets only 3.70 millionths of an Electoral College vote per actual vote.
Thus the value of an ordinary vote for Clinton was debased by the Electoral College mechanism to being worth only 74% of a vote for Trump. The value of our votes are cheapened.
Further facts could be cited — noting illegal coordination of Trump campaign with Super-Pacs; and possible illegal suppression of the vote in Wisconsin, North Carolina and other close states, again all violating 14th amendment rights.
Since each state is only responsible for its own Electoral College vote, the remedy asked would be that this particular state report Clinton as the winner; other states would be needed.
The Supreme Court’s reluctance to involve itself in ‘political questions’ could be overcome by showing how an Electoral Compact that could resolve this question (and stemming from their decision in Bush v. Gore) has been agreed by some states but held up by others; thus ‘politics’ has failed — leaving the burden on the Supreme Court.
Twice in 16 years is too much.
