January 17, 2020

High Court to Rule on ‘Faithless Electors’ in Presidential Vote
(Bloomberg) -- The U.S. Supreme Court agreed to decide whether states can penalize members of the Electoral College if they refuse to vote for the presidential candidate who won the statewide vote, taking up an issue that could affect the outcome of a tight election.Accepting cases from Washington and Colorado, the justices will consider whether electors have a constitutional right to vote as they please, even if that means bucking the will of the state’s voters.The court will probably hear arguments in April and rule by late June, before the November presidential election. Litigants in the two cases had urged the justices to resolve the issue now to ensure it won’t arise in the middle of a disputed election.“Having the U.S. Supreme Court resolve this critical question about the foundation of our democracy before the 2020 election will avoid the uncertainty, chaos and confusion that would arise in the wake of post-election litigation,” Colorado Attorney General Phil Weiser said in a statement.Electors are appointed to the Electoral College only if their party’s candidate wins, and the broad expectation is that they will support that candidate. But in 2016, 10 “faithless electors” voted, or tried to vote, for someone other than Donald Trump or Hillary Clinton. Only nine electors had voted for someone other than their party’s candidate from 1900 to 2012.About 30 states attempt to bind electors to the winning candidate, though some of those states don’t penalize people who cast deviant votes.Each state’s number of electors is equal to its representation in Congress -- two senators plus members of the House. Almost all states use a winner-take-all system, in which the candidate who wins the state’s popular vote is entitled to the full slate of electors. Two states, Nebraska and Maine, have systems that can produce a split electoral vote.Lower courts are divided on whether states can enforce a requirement that electors vote for the state’s top vote-getter. A federal appeals court ruled that Colorado violated the Constitution when it removed Michael Baca as an elector and canceled his vote. Baca, a Democratic elector, had voted for Republican John Kasich instead of Clinton, who won the statewide vote.The Washington Supreme Court, however, upheld $1,000 fines imposed on three people who voted for former Secretary of State Colin Powell instead of Clinton.Constitutional InstructionsThe Supreme Court ruled in 1952 that states could require electors to support their party’s nominee, but the court has never said what, if any, enforcement steps states can take.The electors in the Colorado and Washington cases say the Constitution’s 12th Amendment provides detailed instruction on how the electoral vote proceeds, precluding state interference once the electors are appointed.“The use of the words ‘elector,’ ‘vote,’ and ‘ballot’ plainly require that presidential electors be permitted to do their work without interference or coercion,” the Washington electors argued. They also say the First Amendment guarantees electors the right to vote as they please.Colorado and Washington say the electors are misreading the 12th Amendment.“Nowhere does the amendment purport to confer unbridled discretion on electors,” Colorado argued. The state said electors are “mere ministerial officers who transmit the ballots of their state, not their own ballot.”Washington said the Supreme Court has interpreted Article II of the Constitution and the 12th Amendment as “granting states plenary power to regulate electors.”History of SupportAlthough the Constitution’s framers assumed electors would exercise independent judgment, the longstanding historical practice has been that electors almost always support their party’s candidate.Washington urged the Supreme Court not to hear its case, but Colorado and the electors in both cases sought a hearing.“We are glad the Supreme Court has recognized the paramount importance of clearly determining the rules of the road for presidential electors for the upcoming election and all future elections,” said Lawrence Lessig, a Harvard Law School professor representing both groups of electors.Washington changed its law last year so that electors would be removed, rather than fined, and their votes canceled, much like in Colorado.The cases are Chiafalo v. Washington, 19-465, and Colorado Department of State v. Baca, 19-518.(Updates with reaction starting in fourth paragraph)To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.netTo contact the editors responsible for this story: Joe Sobczyk at jsobczyk@bloomberg.net, Laurie Asséo, Ros KrasnyFor more articles like this, please visit us at bloomberg.comSubscribe now to stay ahead with the most trusted business news source.©2020 Bloomberg L.P.
Related Stories
Latest News
Top news around the world
Coronavirus Disease

Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus.

Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.

Around the World

Celebrity News

> Latest News in Media

Watch It
Dax Shepard reveals he relapsed after 16 years of sobriety | Page Six Celebrity News
September 25, 2020
yT7YuvLGDeY
Teddi Mellencamp’s 'RHOBH' exit and more Housewives news of the week | Page Six Celebrity News
September 25, 2020
FZ9FCO_lsKk
Meghan Markle reportedly has serious ambitions to run for president | Page Six Celebrity News
September 25, 2020
vQRPlbqIYck
'Julie and the Phantoms' Stars Cheyenne Jackson and Booboo Stewart on LGBTQ Representation
September 23, 2020
AmgkvK3xcJ4
John Cusack Says He Was Never Going to Play 'Breaking Bad's' Walter White
September 24, 2020
t8dtgMU4whA
2020: The Tipping Point for Connected TV Storytelling and Advertising - Variety Streaming Room
September 24, 2020
RtGX38E26SI
Marvel Universe: Can Rhenzy Feliz Match Actors to Characters? | Close Up by E! News | E! News
September 28, 2020
34z-h-EpvaM
Japanese Actress Yūko Takeuchi Dead at 40 | E! News
September 27, 2020
AA9FpWs-Wz4
Max Ehrich Says He Learned of Split with Demi From Tabloids: "He's Lying" | E! News
September 26, 2020
oKKgDNItF-Q
Megyn Kelly Says Trump's Done Well with Policy but Not Rhetoric | TMZ
September 28, 2020
CJm74v_Tqd4
Caitlyn Jenner and Sophia Hutchins in Talks to Join 'RHOBH' | TMZ
September 27, 2020
qjOO64aA6RM
Best Of TMZ on TV This Week: 9/21-9/25
September 25, 2020
AK7597t5iAA
TV Schedule
Late Night Show
Watch the latest shows of U.S. top comedians

Sports

Latest sport results, news, videos, interviews and comments
Latest Events
28
Sep
ENGLAND: Premier League
Liverpool - Arsenal
28
Sep
ROMANIA: Liga 1
Dinamo B - UTA Arad
28
Sep
ROMANIA: Liga 1
Hermannstadt - FC Botosani
28
Sep
EGYPT: Premier League
Aswan FC - Al Masry Port Said
28
Sep
EGYPT: Premier League
El Entag El Harby - Wadi Degla
28
Sep
EGYPT: Premier League
Smouha - Haras El Hedood
28
Sep
BRASIL: Serie A
Fluminense - Coritiba
28
Sep
URUGUAY: Segunda Division
Rocha - Tacuarembo
28
Sep
PERU: Primera Division, Apertura
Melgar - Alianza Universidad
28
Sep
ENGLAND: Premier League
Fulham - Aston Villa
28
Sep
ITALY: Serie A
Bologna - Parma
28
Sep
DENMARK: Superliga
FC Nordsjaelland - Lyngby
28
Sep
PORTUGAL: Primeira Liga
Belenenses - Famalicao
28
Sep
CHINA: Super League
Hebei CFFC - Qingdao Huanghai
28
Sep
SWEDEN: Allsvenskan
AIK - Mjallby
28
Sep
SWEDEN: Allsvenskan
Kalmar - Varberg
28
Sep
LATVIA: Virsliga
Liepaja - FS Metta LU
28
Sep
RUSSIA: Supreme Divison - Women
FK Krasnodar W - Lokomotiv W
28
Sep
URUGUAY: Segunda Division
Central - Juventud
28
Sep
RUSSIA: Premier League
Khimki - Dinamo
28
Sep
PERU: Primera Division, Apertura
Real Garcilaso - Dep. Llacuabamaba
28
Sep
SERBIA: Super Liga
Partizan - Backa Palanka
28
Sep
MOLDOVA: Divizia Nationala
Petrocub - Floresti
28
Sep
POLAND: Ekstraklasa
Stal Mielec - Piast Gliwice
28
Sep
SERBIA: Super Liga
Indjija - Vojvodina
28
Sep
BELARUS: Premier League
FC Minsk - Smolevichi-STI
28
Sep
KOREA REPUBLIC: K-League 2
Jeonnam Dragons - Jeju United
28
Sep
KAZAKHSTAN: Premier League
Shakhter Karaganda - Kaspyi
28
Sep
ENGLAND: Premier League 2, Divison 2
Sunderland U-23 - Leeds U-23
28
Sep
RUSSIA: PFL, Group 1
Makhachkala - Yessentuki
28
Sep
KAZAKHSTAN: Premier League
Kyzyl-Zhar - Kaisar
27
Sep
ITALY: Serie A
Roma - Juventus
27
Sep
FRANCE: Ligue 1
Reims - PSG
27
Sep
SPAIN: La Liga
Barcelona - Villarreal
27
Sep
ENGLAND: Premier League
Tottenham Hotspur - Newcastle United
27
Sep
ENGLAND: Premier League
Manchester City - Leicester City
27
Sep
ITALY: Serie A
Crotone - AC Milan
27
Sep
ITALY: Serie A
Napoli - Genoa
27
Sep
SPAIN: La Liga
Atletico Madrid - Granada CF
28
Sep
CHINA: Super League
Tianjin Teda - Wuhan Zall
26
Sep
ITALY: Serie A
Inter Milan - Fiorentina
26
Sep
ENGLAND: Premier League
Brighton - Manchester United
26
Sep
SPAIN: La Liga
Real Betis - Real Madrid
26
Sep
ENGLAND: Premier League
West Bromwich Albion - Chelsea
24
Sep
EUROPA LEAGUE: Third qualifying round
Shkendija - Tottenham Hotspur
24
Sep
ENGLAND: League Cup
Manchester City - Bournemouth
24
Sep
ENGLAND: League Cup
Lincoln City - Liverpool
24
Sep
EUROPA LEAGUE: Third qualifying round
AC Milan - Bodo-Glimt
23
Sep
ENGLAND: League Cup
Leicester City - Arsenal
23
Sep
ENGLAND: League Cup
Chelsea - Barnsley
22
Sep
ENGLAND: League Cup
Luton - Manchester United
21
Sep
ENGLAND: Premier League
Wolves - Manchester City
21
Sep
ITALY: Serie A
AC Milan - Bologna
20
Sep
ENGLAND: Premier League
Chelsea - Liverpool
20
Sep
ENGLAND: Premier League
Southampton - Tottenham Hotspur
20
Sep
FRANCE: Ligue 1
Nice - PSG
20
Sep
SPAIN: La Liga
Real Sociedad - Real Madrid
20
Sep
ITALY: Serie A
Juventus - Sampdoria
20
Sep
ITALY: Serie A
Parma - Napoli
19
Sep
ENGLAND: Premier League
Arsenal - West Ham United
Find us on Instagram
at @feedimo to stay up to date with the latest.
Featured Video You Might Like
L1eLanNeZKg i1XRgbyUtOo -g9Qziqbif8 0vmRhiLHE2U JFCZUoa6MYE UfN5PCF5EUo 2PV55f3-UAg W3y9zuI_F64 -7qCxIccihU pQ9gcOoH9R8 g5MRDEXRk4k tudKp5Vhs3k
Copyright © 2020 Feedimo. All Rights Reserved.