Supreme Court Seems Ready to Allow Crackdown on ‘Faithless’ Presidential Electors

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Free Beacon

The Supreme Court on Wednesday heard two cases asking whether members of the Electoral College are bound by laws requiring them to support the winner of the popular vote in their state.

Wednesday's cases involve six electors who were fined or disqualified because they voted for candidates of their own choosing in 2016, instead of abiding by the result of the vote in their state. The justices seemed ready to say that laws punishing so-called faithless electors are constitutionally permissible. Thirty-two states and the District of Columbia have such laws.

Rogue electoral votes could be decisive to the November election if the winner commands a thin margin in the Electoral College. While a federal appeals court ruled the electors are free to vote as they please, the states say binding electors to the popular vote is essential for ensuring public faith in elections.