Fight Over Faithless Electors Hits High Court
The U.S. Supreme Court said Friday it will take a case on whether presidential electors are bound to support the popular vote winner in their states.
The 10th U.S. Circuit Court of Appeals has ruled a "faithless elector" who did not abide by Colorado law and vote for the candidate chosen by voters could not be punished.
About 30 states require presidential electors to vote for the popular vote winner.
In the 2016 Colorado case, an elector attempted to cast his ballot for John Kasich, instead of Hillary Clinton, who had won Colorado's popular vote. Several others in other states defied their voters' wishes.
The 10th U.S. Circuit Court of Appeals has ruled a "faithless elector" who did not abide by Colorado law and vote for the candidate chosen by voters could not be punished.
About 30 states require presidential electors to vote for the popular vote winner.
In the 2016 Colorado case, an elector attempted to cast his ballot for John Kasich, instead of Hillary Clinton, who had won Colorado's popular vote. Several others in other states defied their voters' wishes.
"This 'faithless' presidential elector was removed under Colorado’s faithless elector law and his replacement voted for Hillary Clinton. He later filed suit in federal court to challenge the constitutionality of Colorado’s law," explained a friend-of-the-court brief filed by the Bopp law firm's team.
The 10th U.S. Circuit Court of Appeals in Denver ruled electors "must be given the freedom to vote their free will, even if their vote does not reflect the will of the people in that state."
The Associated Press reported there were a total of "10 faithless electors in 2016, including four in Washington, a Democratic elector in Hawaii and two Republican electors in Texas. In addition, Democratic electors who said they would not vote for Clinton were replaced in Maine and Minnesota."
Colorado had asked the Supreme Court for a ruling soon, and not during the conflict of a presidential election.
The brief filed by the team of James Bopp Jr. said it's "vital that the court evaluate the constitutional questions at issue in the Colorado appeal, which cut to the core of our democracy."
The Electoral College will dominate the airwaves and the headlines on Election Day Tuesday. But what exactly is the Electoral College? Below is a quick guide on what it does and why it matters.
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