Electors' Allegiance: Faithfulness Or Freedom?

In the United States, a faithless elector is a member of the Electoral College who does not vote for their pledged candidate. While the US Constitution and federal law do not address the issue, the Supreme Court has ruled that states can require electors to vote for their party's candidate and enforce penalties for electors who break their pledge. As of 2024, 38 states and the District of Columbia have laws requiring electors' faithfulness, with varying enforcement mechanisms. While faithless electors are rare, they have occurred in several elections, with 165 instances as of 2020, but have never changed an election outcome.

Electors are chosen by political parties

In the United States, the Electoral College is the mechanism by which the President and Vice President are chosen. Electors are typically chosen and nominated by a political party or the party's presidential nominee. Electors are usually party members with a reputation for high loyalty to the party and its chosen candidate.

The process of choosing electors is a two-part process. First, the political parties in each state choose slates of potential electors sometime before the general election. The parties either nominate slates of potential electors at their state party conventions or choose them by a vote of the party's central committee. This results in each presidential candidate having their own unique slate of potential electors. Political parties often choose individuals for the slate to recognize their service and dedication to that political party. They may be state elected officials, state party leaders, or people in the state who have a personal or political affiliation with their party's presidential candidate.

The second part of the process happens during the general election, when voters in each state cast votes for the presidential candidate of their choice. They are voting to select their state's electors. The winning presidential candidate's slate of potential electors are then appointed as the state's electors.

In some states, electors are nominated in primaries, the same way other candidates are nominated. In other states, electors are nominated in party conventions. In Pennsylvania, for example, the campaign committee of each candidate names their candidates for elector in an attempt to discourage faithless electors.

Electors pledge to vote for their party's candidate

In the United States, electors are chosen in advance of the general election by political parties. Electors pledge to vote for the candidate from their party if that candidate wins the most votes in the state (or district in the case of Maine and Nebraska). This is known as "faithful" voting. While there is no federal law or constitutional statute that binds an elector's vote, many states require electors to have pledged to vote for the candidates of their party if appointed.

The consequences of an elector voting in a ways inconsistent with their pledge vary from state to state. Electors are typically chosen and nominated by a political party or the party's presidential nominee, and are usually party members with a reputation for high loyalty to the party and its chosen candidate. Thus, a "faithless" elector risks party censure and political retaliation from their party, as well as potential legal penalties in some states.

As of 2024, 38 states and the District of Columbia have laws that require electors to vote for the candidates for whom they pledged to vote. In 15 of these states, electors who break their pledge are subject to sanctions. In 14 states, votes contrary to the pledge are voided and the respective electors are replaced, and in two of these states, they may also be fined. Three other states impose a penalty on faithless electors but still count their votes as cast.

In 2020, the Supreme Court ruled that states may enforce laws to punish faithless electors. The Court's ruling upheld two state laws imposing sanctions on faithless electors, as the Constitution authorizes states to appoint electors "in such a manner as the legislature... may direct".

Faithless electors are those who vote for someone else

In the United States Electoral College, a "faithless elector" is a party representative who does not have faith in the election result within their region and instead votes for another person for one or both offices or abstains from voting. Electors are typically chosen and nominated by a political party or the party's presidential nominee and are usually party members known for their loyalty to the party and its chosen candidate.

In the United States, electors are chosen in advance of the general election by political parties. Electors pledge to vote for the candidate from their party if that candidate wins the most votes in the state (or district in the case of Maine and Nebraska). Faithless electors are those who ultimately vote for someone other than the candidate they pledged to support.

The United States Constitution does not specify a notion of pledging, and no federal law or constitutional statute binds an elector's vote to anything. All pledging laws originate at the state level, and as of 2024, 38 states and the District of Columbia have laws that require electors to vote for the candidates for whom they pledged to vote. However, in half of these jurisdictions, there is no enforcement mechanism. In 14 states, votes contrary to the pledge are voided and the respective electors are replaced, and in two of these states, they may also be fined. Three other states impose a penalty on faithless electors but still count their votes as cast.

While faithless electors have never changed an election outcome, they have the potential to disrupt the presidential election, especially in a close race. In 2020, the Supreme Court upheld two state laws imposing sanctions on faithless electors, ruling that states may enforce laws to punish them.

There are no federal laws requiring electors to vote for the popular vote winner

In the United States, electors are chosen in advance of the general election by political parties. They pledge to vote for the candidate from their party if that candidate wins the most votes in the state (or district in the case of Maine and Nebraska). However, there is no federal law or constitutional statute that binds an elector's vote to anything. The United States Constitution does not specify a notion of pledging, and all pledging laws originate at the state level.

The U.S. Supreme Court has held that the Constitution does not require electors to be completely free to act as they choose. As a result, political parties may require electors to vote for their party's nominees. These pledges fall into two categories: electors bound by state law and those bound by pledges to political parties. While some states require electors to cast their votes according to the popular vote, there is no federal law mandating this.

As of 2024, 38 states and the District of Columbia have laws that require electors to vote for the candidates they pledged to support. However, in half of these jurisdictions, there is no enforcement mechanism. In 14 states, votes cast against the pledge are voided, and the respective electors are replaced. In two of these states, electors may also be fined. Three other states impose penalties on faithless electors but still count their votes as cast.

The constitutionality of state pledge laws was confirmed by the U.S. Supreme Court in 1952 in Ray v. Blair and again in 2020 in Chiafalo v. Washington and Colorado Department of State v. Baca. These decisions upheld the right of states to require electors to pledge to vote for their party's candidate and to enforce penalties for breaking that pledge.

In summary, while electors are expected to vote for their party's candidate, there are no federal laws requiring them to do so. The regulation of elector behaviour is left to the individual states, and the consequences of voting against the pledge vary depending on the state.

States can enforce laws to punish faithless electors

In the United States Electoral College, a faithless elector is a party representative who does not have faith in the election result within their region and instead votes for another person or abstains from voting. Electors are typically chosen and nominated by a political party and are usually party members with a reputation for high loyalty to the party and its chosen candidate.

In 2020, the US Supreme Court ruled in Chiafalo v. Washington that states are free to enforce laws that bind electors to vote for the winner of the popular vote in their state. The Supreme Court also ruled that states may enforce laws to punish faithless electors. This means that electors who don't vote the way the citizens of their state vote can be removed or punished.

As of 2024, 38 states and the District of Columbia have laws that require electors to vote for the candidates for whom they pledged to vote. However, in half of these jurisdictions, there is no enforcement mechanism. In 14 states, votes contrary to the pledge are voided and the respective electors are replaced, and in two of these states, they may also be fined. Three other states impose a penalty on faithless electors but still count their votes as cast.

Colorado was the first state to void an elector's faithless vote, which occurred during the 2016 election. In that case, an elector pledged to Hillary Clinton attempted to vote for Bernie Sanders instead. Washington became the first state to fine faithless electors after the 2016 election, but in 2019, the state changed its law to void faithless votes and replace the respective electors instead of fining them.

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