States can require Electoral College voters to back the victor of their state’s popular vote, the Supreme Court ruled unanimously on Monday, in a major dispute that could have an impact on November’s presidential contest.
States can require Electoral College voters to back the victor of their state’s popular vote, the Supreme Court ruled unanimously on Monday, in a major dispute that could have an impact on November’s presidential contest.
Justice Elena Kagan, who authored the opinion of the court, wrote that „nothing in the Constitution expressly prohibits States from taking away presidential electors‘ voting discretion.“
Two cases were brought by Electoral College voters in Washington state and Colorado who refused to back Democrat Hillary Clinton in 2016, despite her wins in those states.
Like most states, Washington and Colorado have laws that require electors to vote for their pledged candidate. The electors argued that the enforcement of those laws was unconstitutional.
