��� ���p��B��P�]��� mdlOo�`�����g�/z������%_�9�)L,���H�:䇛�9�����7��,Cvu+VG�o�`(m\��tP�c4�\ͥ d&C���#:��/�x`� c�QPPP����@~Z=��)�II)��RR��JJj0e�`Qa� �[ZD�R��3�!�Pu ���Ag� Sl]�Ĩ���߸�'h��bˠa�������H���k>F �i�����g���LD�����\g�b`�������! In fact, these laws have nothing to do with elector appointment. Holding: A state may enforce an elector’s pledge to support their party’s nominee – and the state voters’ choice – for president in the Electoral College. See supra, at 3.) And “[a]ny presidential elector who casts his ballot in violation of [this duty] is guilty of a fourth degree felony.” §1–15–9(B). And nothing in the document “suggests that electors have discretion to cast their votes without limitation or restriction by the state legislature.” Id., at 396, 441 P. 3d, at 814. “[T]he presidential electors,” one historian writes, “were understood to be instruments for expressing the will of those who selected them, not independent agents authorized to exercise their own judgment.” Whittington, Originalism, Constitutional Construction, and the Problem of Faithless Electors, 59 Ariz. L. Rev. The pledge requirement, he claimed, “interfere[d] with the performance of this constitutional duty to select [a president] according to the best judgment of the elector.” Ibid. 193 Wash. 2d 380, 441 P. 3d 807, affirmed. The provision they approved about presidential electors is fairly slim. And nothing in the Constitution expressly prohibits States from taking away presidential electors’ voting discretion as Washington does. The Constitution is barebones about electors. §163–212 (2019); Okla. This obligation to provide the manner of appointing electors does not expressly delegate power to States; it simply imposes an affirmative duty.
And, more to the point here, the State fined the Electors $1,000 apiece for breaking their pledges to support the same candidate its voters had. 37, at 225. 0000028380 00000 n Constitution to the federal government are few and defined,” while those that belong to the States “remain . The Circuit Court held that Colorado could not remove the elector, as its pledge law directs, because the Constitution “provide[s] presidential electors the right to cast a vote” for President “with discretion.” Id., at 955. Congress’s deference to a state decision to tolerate a faithless vote is no ground for rejecting a state decision to penalize one. Every four years, millions of Americans cast a ballot for a presidential candidate. 89 For president, they each voted for Colin Powell, and for vice president, they each voted for someone other than Tim Kaine. Still, the Electors counter, Congress has counted all those votes.
0000024905 00000 n 1785); see also 1 J. Ash, The New and Complete Dictionary of the English Language (2d ed.
Ann. In both the states of Washington and Colorado, the winner of the popular vote receives all of a state’s electoral votes. Whether by choice or accident, the Framers did not reduce their thoughts about electors’ discretion to the printed page. 2 See also Mont. Article II includes only the instruction to each State to appoint, in whatever way it likes, as many electors as it has Senators and Representatives (except that the State may not appoint members of the Federal Government). endstream endobj 61 0 obj <>/Metadata 6 0 R/Pages 58 0 R/StructTreeRoot 10 0 R/Type/Catalog>> endobj 62 0 obj <>/MediaBox[0 0 612 792]/Parent 58 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 63 0 obj <>stream
We hold that a State may do so...The Constitution's text and the Nation's history both support allowing a State to enforce an elector's pledge to support his party's nominee — and the state voters' choice — for President. “[N]othing is left to the electors,” he continued, “but to register [their] votes, which are already pledged.” Id., at 321–322. As a separate result, the Supreme Court reversed the consolidation of the two cases in a decision that Sotomayor had no part in due to her connection to Baca. II, §1, cl. And more than a third of the faithless votes come from 1872, when the Democratic Party’s nominee (Horace Greeley) died just after Election Day.8 Putting those aside, faithless votes represent just one-half of one percent of the total. Chiafalo v. Washington and Colorado Department of State v. Baca stem from the 2016 United States presidential election between Hillary Clinton and Donald Trump.
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