Supreme Court rules unanimously that states can force ‘faithless electors’ to vote with the state

The Supreme Court ruled this morning, in a unanimous decision, that state electors can’t just go rogue and choose to vote for whomever they wish, but can be bound by the state to vote with the people of the state:



Here’s more from 12 News:

The Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College.

The ruling, just under four months before the 2020 election, leaves in place laws in 32 states and the District of Columbia that bind electors to vote for the popular-vote winner, and electors almost always do so anyway.

So-called faithless electors have not been critical to the outcome of a presidential election, but that could change in a race decided by just a few electoral votes. It takes 270 electoral votes to win the presidency.

Justice Elena Kagan wrote for the court that a state may instruct “electors that they have no ground for reversing the vote of millions of its citizens. That direction accords with the Constitution — as well as with the trust of a Nation that here, We the People rule.”

The issue arose in lawsuits filed by three Hillary Clinton electors in Washington state and one in Colorado who refused to vote for her despite her popular vote win in both states. In so doing, they hoped to persuade enough electors in states won by Donald Trump to choose someone else and deny Trump the presidency.

The federal appeals court in Denver ruled that electors can vote as they please, rejecting arguments that they must choose the popular-vote winner. In Washington, the state Supreme Court upheld a $1,000 fine against the three electors and rejected their claims.

In all, there were 10 faithless electors in 2016, including a fourth in Washington, a Democratic elector in Hawaii and two Republican electors in Texas. In addition, Democratic electors who said they would not vote for Clinton were replaced in Maine and Minnesota.

I’m glad the Supreme Court voted unanimously on this, as this is the way it should be. Otherwise chaos would rule the day in our presidential elections and people would lose confidence in the voting process and simply stay home rather than have their vote usurped by some rogue elector.

You can read the full opinion here:

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