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Friday, January 17, 2020

Faithless Electors

As if the Supreme Court did not have enough on its plate, the Justices today agreed to decide whether states can punish presidential electors who vote contrary to state law. (Personally, I think that the answer is no, but leave that aside for a moment.)

One thing that the Court could say, I suppose, is that Congress can decline to count the votes of faithless electors but that states lack the power to regulate these officials. While Congress has always counted faithless elector votes as valid, there have been debates in Congress over some of those counts. I don't know enough about those debates to reach a firm conclusion, but you might say that Congress in some sense can decide what to count.

Posted by Gerard Magliocca on January 17, 2020 at 07:55 PM | Permalink

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