Supreme Court Puts an End to Faithless Electors

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

The Supreme Court says that states can require electors to vote for the presidential candidate they’re supposed to vote for:

The Supreme Court ruled unanimously Monday that states may require presidential electors to support the winner of the popular vote and punish or replace those who don’t, settling a disputed issue in advance of this fall’s election.

Justice Elena Kagan wrote for the court, and settled the disputed “faithless elector” issue before it affected the coming presidential contest. The Washington state law at issue “reflects a tradition more than two centuries old,” she wrote. “In that practice, electors are not free agents; they are to vote for the candidate whom the state’s voters have chosen.”

This has two consequences. First, states can join the National Popular Vote Interstate Compact and make it stick. Under the terms of the NPVIC, electors are required to vote for the winner of the popular vote, but only if states with a majority of electors have joined the compact. Today’s ruling makes this legal and enforceable.

Second, it puts an end to “faithless” electors, who vote for Ron Paul or Colin Powell or whoever they think makes the cutest protest statement. In 2016, ten electors tried to cast faithless votes, and it’s time for this to stop. We live in an era where it’s common to blow up political norms, and this could easily have gotten out of hand. Far better to put a hammer on it now than later, when it might actually affect an election. All that’s left now is for states to follow up and write laws requiring electors to do what they’re supposed to do.

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

It’s reader support that enables Mother Jones to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

It’s reader support that enables Mother Jones to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate