A compromise was reached in which each state would appoint Presidential electors equal to the total number of its senators and representatives in Congress.

The latter appoint electors whom they regard as qualified, and the list is revised each year.

"Any state legislative attempt simply to appoint electors after the fact would appear to be federally pre-empted," the Gore brief argued.

Professor Lowenstein noted that federal law gave the Legislature the power to appoint electors if the state "failed to make a choice."

A significant departure from the legislative scheme for appointing presidential electors presents a federal constitutional question.

If states choose to appoint electors who'll vote according to the national popular vote, rather than the state popular vote, more power to them.

Dec. 12 is the deadline for states to appoint electors.

The Florida legislature could have delegated to state courts some authority over the manner appointing electors.

The act selected "the Tuesday after the first Monday in November" as the day on which all states must appoint electors.

Even if the legislature has assigned the task to the voters by law, it "can take back the power to appoint electors."