Supreme Court Rules Against 'Faithless Electors'

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The Supreme Court unanimously ruled Monday in favor of states who choose to punish so-called "faithless electors"; members of the Electoral College who break from the group of voters they represent.

Faithless electors largely argued that their votes should be protected by free expression. Some faithless electors asked to skip the Electoral College process in favor of the popular vote. Some opponents of faithless electors warned of a possible oligopoly if those electors can break from common voters.

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The Supreme Court declined an invitation to blow up the 2020 presidential election on Monday. The justices ruled unanimously that states may compel electors, the individuals who make up the Electoral College, to vote for the winner of the statewide presidential race by either removing or fining ā€œfaithless electors.ā€ In truth, this decision should not have been necessary: There is no serious constitutional argument that states are powerless to dictate electors’ votes.

The Supreme Court ruled Monday that states can penalize presidential electors that go rogue and do not vote for the candidate who won their state, also known as faithless electors.

The decision was unanimous from the high court and a blow to a Democratic-aligned movement to chip away at the Electoral College.

The court in Chiafalo v. Washington and Colorado Department of State v. Baca evaluated legal challenges to state laws that required electors to follow the will of their state’s voters.