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DNC chairman claims 'the Electoral College is not a creation of the Constitution

DNC Chairman Tom Perez, speaking to a crowd of supporters at a Democratic unity rally in April, erroneously said earlier this week that the Electoral College is not “a creation” of the Constitution. (George Frey/Getty Images)

Democratic National Committee chairman Tom Perez erroneously said that the Electoral College is not “a creation” of the Constitution earlier this week during remarks at a law school.

What did Perez say?

According to audio published by the Washington Free Beacon, Perez made the remark Tuesday at Indiana University Law School.

During his remarks, Perez said, “the Electoral College is not a creation of the Constitution.”

“It doesn't have to be there," Perez said. "There's a national popular vote compact in which a number of states have passed a bill that says we will allocate our votes, our electoral votes, to the person who wins the national popular vote once other states totaling 270 electoral votes do the same."

Perez said he is “proud to tell you that the first state to pass such a law was Maryland."

What does the Constitution say?

The Electoral College was established by Article II, Section 1 of the Constitution, which states that in order for a President to be elected, “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.”

The National Constitution Center notes that the 12th Amendment added “additional rules” to the process when it was adopted in 1804.

In the wake of last November’s presidential election — in which former Democratic presidential nominee Hillary Clinton lost the Electoral College to President Donald Trump but won the popular vote — some Democrats have proposed eliminating the system, characterizing it as outdated.

In her memoir about the election, “What Happened,” Clinton refers to the “godforsaken Electoral College." During a recent CNN interview, she called for the system to end.

(H/T: Washington Examiner)

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