Posted by 22 August 2019
States that mandate their Electoral College members vote in line with the popular vote may find that these laws are void. A recent federal court ruling said that electors are free to vote their conscience, regardless of state law.
Most states bind electors to vote for the candidate who won the popular vote in that state. During the 2016 election, the Colorado Secretary of State removed an elector who refused to cast a ballot for Hillary Clinton, the winner of that state's popular vote. That elector sued, and the 10th Circuit Court of Appeals recently ruled in favor of the elector.
Within the past two decades, two presidential elections have gone to the candidate who won the electoral vote and not the popular vote – George W. Bush in 2000 and Donald Trump in 2016. During the presidential election, voters are not directly voting for candidates, but are instead voting for slates of electors who will then meet and select the president. Most of the time these electors are party regulars who can be counted to vote for the candidate to whom they are pledged. But in 2016, there were multiple electors who voted for candidates other than Clinton or Trump.
With these developments, the Electoral College has come under increasing criticism. Some states have passed bills that would create a compact wherein they would award their electoral votes to whomever won the national popular vote, regardless of who won their individual state’s popular vote. Some politicians are also advocating banning the Electoral College and relying exclusively on the popular vote.
The question of what power states possess to bind electors will likely be decided by the Supreme Court.
Do you think that states should be able to require that electors vote in line with that state’s popular vote? Do you think the Electoral College should be abolished?