The Supreme Court on Monday ruled unanimously that states can require presidential electors to support the winner of the state’s popular vote, rejecting arguments …
The Supreme Court on Monday ruled unanimously that states can require presidential electors to support the winner of the state’s popular vote, rejecting arguments that members of the Electoral College get to act as free agents.
Both red and blue states pressed the justices to resolve the issue before the November balloting and reduce the uncertainty looming over the 2020 race amid the coronavirus pandemic. A decision affirming elector independence would have added an unpredictable dynamic to an election season expected to see a surge in remote voting, delays in final tallies, and continued racial unrest. While so-called faithless electors have never swung the outcome of a presidential election, they could make a difference in a tight race.
The decision follows a spirited campaign to lobby electors to change their vote in 2016 after Donald Trump’s surprise victory. One scholarly amicus brief warned that electors have been subject to increased lobbying and intimidation in recent election cycles. A Michigan elector said he faced death threats before casting his ballot for Trump, while another from Texas said he received over 200,000 emails and letters pressing him to support a different candidate. Seven electors ultimately went rogue and voted for compromise candidates during the December 2016 meeting of the Electoral College, the highest figure in decades.
More than 30 states require electors to take a pledge promising to support the winner of the state popular vote.
