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queentonic

(243 posts)
Sun Nov 8, 2020, 05:07 AM Nov 2020

The Hail Mary

If I read this correctly, the Dumpster still has a very, very long-shot chance of getting the Electoral College to vote in his favor. As I understand it, AZ and GA both have legislative and gubernatorial control by the Republicans which means they could shift the popular vote from blue to red. However, the caveat to this might require changing the state laws to permit this and there might not be enough time to do that. I just hope my interpretation is wrong. Correct me otherwise..

"Are there restrictions on who the electors can vote for?

There is no Constitutional provision or Federal law that requires electors to vote according to the results of the popular vote in their States. Some States, however, require electors to cast their votes according to the popular vote. These pledges fall into two categories—electors bound by State law and those bound by pledges to political parties.

The U.S. Supreme Court has held that the Constitution does not require that electors be completely free to act as they choose and therefore, political parties may extract pledges from electors to vote for the parties' nominees. Some State laws provide that so-called "faithless electors" may be subject to fines or may be disqualified for casting an invalid vote and be replaced by a substitute elector. The Supreme Court decided (in 2020) that States can enact requirements on how electors vote. No elector has ever been prosecuted for failing to vote as pledged. However, several electors were disqualified and replaced, and others fined, in 2016 for failing to vote as pledged.

It is rare for electors to disregard the popular vote by casting their electoral vote for someone other than their party's candidate. Electors generally hold a leadership position in their party or were chosen to recognize years of loyal service to the party. Throughout our history as a nation, more than 99 percent of electors have voted as pledged.

The National Association of Secretaries of State (NASS) has compiled a brief summary of State laws about the various procedures, which vary from State to State, for selecting slates of potential electors and for conducting the meeting of the electors. You can download the document, "Summary: State Laws Regarding Presidential Electors"



https://www.archives.gov/electoral-college/electors

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