The 538 People who Cast the Actual Votes for President, in December, as part of the Electoral College, are Not Free Agents and Must Vote as the Laws as their States Direct, the U.S. Supreme Court ruled Monday, July 6th, 2020.
The Unanimous Decision in the "Faithless Elector" Case was a Defeat for Advocates of Changing the Electoral College, who hoped a Win would Force a Shift in the Method of Electing Presidents toward a Nationwide Popular Vote. But it was a Win for State Election Officials who feared that Empowering Rogue Electors would cause Chaos.
The November General Election is Not actually a Direct Vote for the Presidential Candidates. Voters instead choose a Slate of Electors Appointed in their States, some by the Political Parties. Those Electors meet in December to Cast their Ballots, which are Counted during a Joint Session of Congress the following January.
The Court's Opinion said Presidential Electors Must Act as their States require, which in most of the Nation means Voting for the Candidate who Won the Popular Vote in their States. In Maine and Nebraska, Presidential Electors are guided by the Votes of Congressional Districts. If the Court had Ruled the other way, then Individual Electors who Decided to Vote as they Wished in a Close Race could potentially have the Power to Decide who Wins.
Four "faithless electors" from Colorado and Washington State who did Not Conform to the Popular Vote in the 2016 Election Sued, claiming that States can Regulate Only how Electors are Chosen, not what comes later.
The Supreme Court ruled in 1952 that States do Not Violate the Constitution when they Require Electors to Pledge that they will Abide by the Results of the Popular Vote. But the Justices had Never before said whether it is Constitutional to Enforce those Pledges.
More than a Dozen States have Signed an Interstate Agreement to make the Change. It would take effect Once the Participating States represent at least 270 Electoral Votes, the Minimum needed to be Elected President.
CLICK HERE to read about The National Popular Vote Interstate Compact.
I hope this Controversy will Encourage more States to Adopt a System in which they would Assign All of their Electors to the Candidate who Wins the Nationwide Popular Vote for President.
NYC Wins When Everyone Can Vote! Michael H. Drucker
1 comment:
The 1952 decision Ray v Blair did not deal with actual presidential electors. It only dealt with individuals who wanted to run in the Alabama Democratic primary to be Democratic nominees for elector. The party administered its own primary and said no one could run in the Democratic primary who would not pledge. So that was about the right of the Alabama Democratic Party to decide who can run in its primary, not about the behavior of people who have been elected to the position of presidential elector.
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