What is a faithless elector?
In the United States Electoral College, faithless electors are those who either cast electoral votes for someone other than the candidate of the party for whom they pledged to vote or who abstain.
How many states have laws to prevent faithless electors?
Thirty-three states plus the District of Columbia have passed laws to prevent faithless electors, but none had been enforced prior to 2016. In 1952, the constitutionality of state pledge laws was brought before the Supreme Court in Ray v. Blair, 343 U.S. 214 (1952).
Who were the four electors who challenged the Electoral College?
Three of the four electors, Peter Bret Chiafalo, Levi Guerra, and Esther John, challenged the fine as a violation of their constitutional rights, arguing that the state’s authority over them as electors ended once they were appointed and they were free to vote as they chose under the Twelfth Amendment to the United States Constitution.
Electors pledge to vote for the candidate from their party if that candidate wins the most votes in the state (or district in the case of Maine and Nebraska). “Faithless electors” are electors who ultimately vote for someone other than for whom they pledged.
Why are faithless electors a problem?
Thus, a faithless elector runs the risk of party censure and political retaliation from their party, as well as potential legal penalties in some states. Candidates for electors are nominated by state political parties in the months prior to Election Day.
Which is a constitutional qualification to be president?
According to Article II of the U.S. Constitution, the president must be a natural-born citizen of the United States, be at least 35 years old, and have been a resident of the United States for 14 years.
Can faithless electors be punished?
On July 6, 2020, the U.S. Supreme Court ruled unanimously in both Chiafalo v. Washington and Colorado Department of State v. Baca that states may enforce laws to punish faithless electors.
Who decides Electoral College members?
Who selects the electors? Choosing each State’s electors is a two-part process. First, the political parties in each State choose slates of potential electors sometime before the general election. Second, during the general election, the voters in each State select their State’s electors by casting their ballots.
Who determines when the electors meet?
On the first Monday after the second Wednesday in December, the electors meet in their respective States. The State legislature designates where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.
What happens if lawmakers cannot agree on a set of electors?
If lawmakers cannot agree on a set of electors, the country will find itself in uncharted territory. The Electoral Count Act, often described by academics as “unintelligible,” seems to favor the slate of electors certified by the state’s governor, according to Ned Foley, a professor at Ohio State University Moritz College of Law.
Will the Electoral College contests get closer in the future?
Lawyers from the nonprofit Equal Citizens, which represented the Washington state electors and Baca in Colorado, said they will appeal the Washington ruling to the Supreme Court. “We know Electoral College contests are going to be closer in the future than they have been in the past.
What does the number of electors in the Electoral College mean?
The number of electors in the Electoral College is established in the United States Constitution. First, within the context of the Constitution, the meaning of college, as in the Electoral College, does not mean a school, but of a group of people organized toward a common goal.
What states have faithless electors?
Legal scholars said Tuesday’s ruling was the first from a federal appeals court on the issue of faithless electors. It applies immediately to the six states of the 10th Circuit: Colorado, Utah, Wyoming, Kansas, Oklahoma and New Mexico.