What's Your Question?
Asked in Category :: General Politics Elections and Campaigns
Is the electorate required to adhere to the popular vote?

 Anonymous writes...

"In states where the electorate is not bound by law to follow the popular vote, do the voters have any legal recourse in, for example, civil court or even federal court, to protest the electorate not following the popular vote?"


The short answer is no, but it would create an epic shit storm of anger. Furthermore, you can bet that should an electorate not follow the popular vote, legal action would ensue and laws most likely amended in that particular state.

The long answer...

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 has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution. No Elector has ever been prosecuted for failing to vote as pledged.

Today, 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.

For more information on which states do and do not have electorate laws:

Posted by JeffCohen on 12.18.2015 (12.18.2015)
0% 0 Votes


16 votes

12.18.2015 (12.18.2015)
Voting ended
Elections and Campaigns

Order by: 
Per page:
  •  Anonymous: 

    Who can i contact? i want my electoral vote to be for hillary!

     11.11.2016DeleteEdit2 replies2 repliesReply 
    -3 points
  •  Anonymous: 

    YOU, "guest", are the most foolish individual I've had the misfortune to read; WHAT MAKES YOU THINK A PURELY POPULAR VOTE WILL CAUSE SOME STATES TO BE IGNORED?!?!?!  The popular vote will simply be the cumulative of the NATION, not state by state!


    -3 points
  •  Anonymous: 

    The Electoral College is the best idea our founding fathers ever had.  If we eliminate it, politicians would only go to the large states and ignore the smaller states.  In other words, about 80% of the states would never have any influence on elections.  This most definitely is not a stupid, outdated idea.  It is a brilliant idea.  Your comment about it is what is incredibly stupid!

     11.09.2016DeleteEdit1 replies1 repliesReply 
    3 points
  •  Anonymous: 

     What biased lead question of Hillary is that,it is conviction beyond proof.Electors over 85% is not bad considering all misdeeds frought upon us by all parties.

    1 point
  •  Anonymous: 

    The electoral college is a stupid, outdated idea and should be abolished. It was created in a time when the only media were the newspapers and most voters would never see the candidates. We are overexposed to the candidates now so the electorate serves no purpose. I resent that someone else is allowed to cast a vote that supposedly represents mine. The popular vote should be the deciding factor. And all minor parties should be on the ballot in every state. I am tired of this rigged two-party-only system.

    -1 point
   Comment Record a video comment