Electoral College Voting: Do Electors Have to Follow the Popular Vote?
The question of whether electors must vote for the candidate who won the popular vote in their state is not a straightforward one and varies from state to state. This article explores the nuances of how electors are chosen and the legal framework surrounding their decision-making process.
State-Specific Rules
In 48 states (referred to as 'winner-take-all' states) and the District of Columbia, electors are legally bound to support the candidate who won the popular vote in their state. This means that unless the state election law is different, electors who vote for a candidate other than the one that won the popular vote typically face penalties such as fines or other political consequences. For example, in states like Nebraska and Maine, electors are allocated based on the percentage of popular votes by district, rather than the 'winner-take-all' model.
Selecting Electors
Electors are selected well before the actual election by the candidates' campaigns. They are typically party loyalists, family members, or trusted supporters who have been recognized for their dedication to the candidate and the party. Once the election is over, the electors who supported the winning candidate cast their ballots for the President and Vice President.
While it is technically possible for an elector to reverse their decision and vote for another candidate, it is highly unlikely and would most likely result in severe consequences. Electors sign a pledge to support the candidate who won the party's nomination and serve as representatives of the party slate they were chosen to represent.
Legal Framework
Under federal law, electors are free to vote for anyone who is eligible, including candidates from other parties or even other individuals, but states are free to impose their own rules and penalties for faithless electors. In 2017, the Supreme Court ruled that it was constitutional for states to punish faithless electors, further solidifying the legal standing of state regulations.
Electors who do not adhere to their pledges and instead cast votes for someone else can face various repercussions. In some states, these electors can be immediately replaced with a more loyal elector. In others, the elector's vote may be nullified. Legal actions can also be taken against them, which can include fines or other penalties. This system ensures that the electors' votes align with the party's expectations and the results of the election.
Understanding the Electoral System
It is important to understand that when a news outlet or a poll indicates that a candidate has "won the state," it actually means that the candidate's electors won the state-wide popular vote. The electors, not the voters directly, are who cast the ballots for the President and Vice President. This often leads to confusion, as the term "won the state" is used to describe the popular vote results, rather than the direct outcome of the electoral process.
Electors sometimes do break their pledges and vote for someone else instead. When this happens, they are referred to as 'faithless electors.' Depending on state laws, these individuals can face penalties, be replaced, or have their votes nullified. This highlights the complex interplay between political loyalism and constitutional law within the electoral system.
Understanding the role of electors and the legal framework surrounding their actions is crucial for comprehending the full picture of the United States' electoral system. This system ensures that the voices of the political party that won the popular vote are heard in the electoral process, while also providing a mechanism for states to maintain order and accountability.