State legislatures should consider whether to retake this authority in the 2016 election in an effort to stop Trump. Republicans control 31 state legislatures. Many could consider this proposal, but the Texas state legislature is a natural place to start. It could easily pass a law returning power to the legislature. After Election Day, the legislature could decide whether to vote for Trump or Mitt Romney, the prior Republican nominee; former Texas Governor Rick Perry, who dropped out of the 2016 race early on; a popular GOP figure like Condoleezza Rice, whose name has recently been floated as an alternative; or their own junior Senator Ted Cruz, presently trailing Trump in the Republican Party delegate count.
Texas’s 38 red-state electoral votes are almost assuredly required for any Republican to get the 270 electoral votes needed to win. Casting them for someone other than Trump doesn’t help likely Democratic nominee Hillary Clinton, because she also needs 270. So while one state’s electoral votes may not seem like much, it might be enough to deprive either candidate a majority.
And in the event no candidate wins a majority of the electoral votes, the House of Representatives selects the winner. Each state’s delegation of representatives gets one vote and selects among the top three electoral vote-getters—which would include the candidate who receives Texas’s 38 votes. Republicans control these House delegations, and they could select from Trump, Secretary Clinton and Texas’s preferred non-Trump candidate.