One faithless elector, David Mulinix, a Democrat from Hawaii, cast his vote for Bernie Sanders instead of Hillary Clinton. “Although voting and discretion are usually combined,” wrote the justice, “voting is still voting when discretion departs.”. In 2020, a more robust faithless elector presence, in a close Electoral College vote—catalyzed by a super-polarized environment—could change … Those prohibitions written into state law, Kagan wrote, are perfectly legal. Rejecting the argument that the word “vote” implies a freedom to choose, Kagan wrote that the word merely connotes a casting of a ballot. 2020: A year like no other in entertainment What is a faithless elector and how common are they? That is progress.”, Jason Harrow, EqualCitizens.US Chief Counsel who argued the Baca case, agreed that SCOTUS was right to settle the matter before the upcoming election, but warned: “[M]ake no mistake: laws binding electors are not a cure-all, they can go haywire in unexpected situations, and presidential electors remain free to choose in eighteen states.”, [Image via Saul Loeb/AFP via Getty Images], Like us on Facebook to see similar stories, Nebraska governor says citizens, legal residents will get vaccine priority over undocumented immigrants, Driver involved in crash that killed four Florida moms wants DUI evidence excluded from trial. With some minor adjustment theoretically possible: Joe Biden won 81,268,867 votes (51.3%) to Donald Trump's 74,216,747 (46.8%). The electors bringing these lawsuits argue that the Constitution gives them the right to vote for anyone for president, regardless of the will of the voters in the state they represent. /tiles/non-collection/1/11-17-Ohara-Collection.xml. In 2020, Republican electors in Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan (states Biden carried) all "submitted" – quotes because it's unclear how they sent them in – electoral votes for Donald Trump opposite the state's official electoral slate. Wisconsin's Joe Sanfelippo (State Rep, R - Wi) suggested a recount or an electoral college remedy. There was a surprisingly large number of faithless electors in 2016 compared to previous years, but will there be any in 2020? Here's his statement in full: On January 2, 2021, 11 GOP Senators and Senators Elect signed a letter saying they'd vote to reject some states' Electoral College votes. Electors filling out ballots during a meeting of Washington State’s Electoral College in … ↑ The Wall Street Journal, "Tallying Up the ‘Faithless Electors’," May 12, 2020 ↑ 4.0 4.1 Emory Law Journal, "Faithless or Faithful Electors? There were 0 faithless electors in 2020. ‘Faithless Electors’ Could Tip the 2020 Election. That particular portion of the Constitution, argued Thomas, only addresses the appointment of electors, but says nothing about the way those electors are expected to vote. On Monday, the Supreme Court put its stamp of approval on either approach, at minimum. Note: This page was last updated on July 7, 2020. With one elector for each of the 100 senators, 435 House members and D.C.'s three electors, the total number is 538. EqualCitizens.US founder and attorney for the electors in the Chiafalo case attorney Lawrence Lessig reacted to the ruling against his clients. In 14 states, votes contrary to the pledge are voided and the respective electors are replaced, and in two of these states they may also be fined. Due to the unique challenges of the COVID-19 pandemic, there was a larger than normal count of mail-in ballots in 2020. Updated: 4:52 PM EST November 9, 2020 WASHINGTON — Even before the final vote count is tallied, it's clear that turnout in the 2020 election has been momentous. A majority of states are 'winner-takes-all,' awarding all votes to the popular vote winner. Show full articles without "Continue Reading" button for {0} hours. As of 2020 , 33 states and the District of Columbia have laws that require electors to vote for the candidates for whom they pledged to vote, though in half of these jurisdictions there is no enforcement mechanism. No lawsuits alleged fraud in numbers large enough to turn the election, however. DQYDJ may be compensated by our advertising and affiliate partners if you make purchases through links. Collection of the U.S. House of Representatives Michigan Representative James O’Hara was the first to challenge the electoral vote count under the Electoral Count Act of 1887 in 1969. This list of 2020 United States presidential electors contains members of the Electoral College, known as "electors", who cast ballots to elect the president of the United States and vice president of the United States in the 2020 presidential election. When it comes time for the Electoral College to vote, some electors could go against their state's vote. That year, two sets of 3 electors (Hawaii had three votes at the time) voted on December 19 – and both Hawaii's slates of electors voted, so called "dueling electors" or "multiple slates." To change the 2020 presidential election, multiple electors would need to do so — enough to flip the Electoral College balance — and America has never even come close to seeing that happen. Electors are determined by the number of U.S. senators and representatives each state has — that means we get 20 in Pennsylvania. Any elector who fails to vote in accordance with their pledge faces consequences such as civil fines and dismissal as an official elector. Read On To Find Out How Faithless Electors Could Have A Major Say … Settling the matter now, outside of the context of the 2020 presidential election, settles the question of states’ rights to remove or sanction electors who step out of line. Presidential Elections; The Electoral College; Faithless Elector State Laws; Faithless Elector State Laws. Table of Contents show . And Republican Representative Mo Brooks suggested he may fight Congress's electoral college certification on January 6, 2021. Like Washington and Ohio, individual states have their own mechanisms to ensure that whoever is appointed as an elector votes for the popular winner. How Many Faithless Electors Were There in 2020? He announced he wouldn't vote to certify the Electoral College without raising voter integrity concerns. If you have any questions or comments please contact Ashley Houghton, AHoughton@fairvote.org. Obviously, we don’t believe the Court has interpreted the constitution correctly,” Lessig said in a statement obtained by Law&Crime. Justice Sonia Sotomayor recused. In 2016, there were seven faithless electors. What Are Faithless Electors, And Can They Swing The 2020 Presidential Election? Unlike the many conservative/liberal court splits we’ve seen lately, SCOTUS unanimously sided against the electors with just Justice Clarence Thomas writing a separate concurrence to lay out some alternative reasoning. 33 states and the District of Columbia have laws upheld by the Supreme Court that prohibit faithless electors. In 2019, Washington's law was amended to require that faithless electors be removed as well. “When we launched these cases, we did it because regardless of the outcome, it was critical to resolve this question before it created a constitutional crisis. Author: Rebecca Coster Published: 2:59 PM MST November 11, 2020 Three other states impose a penalty on faithless electors but still count their votes as cast. In Ohio, three electors cast ballots for Ohio Gov. ‘Faithless Electors’ Could Tip the 2020 Election. Michigan's electors will meet Dec. 14 to cast their votes. In 2020 it upheld two state laws imposing sanctions on faithless electors—in … The Court’s official opinion was filed in the Chiafalo case, but it bound both cases by a brief order in the corresponding Baca case. Unanimous Supreme Court Smacks Down ‘Faithless Electors’ in Time for 2020 Election The Supreme Court of the United States handed down an opinion in the “Faithless … Seven of those changed votes were valid under state law. Thursday Sep 24, 2020 5:00 PM This is a past program. To change the 2020 presidential election, multiple electors would need to do so — enough to flip the Electoral College balance — and America has never even come close to seeing that happen. (See my 2016 post for a recounting). Justice Elena Kagan wrote for the Court. Faithless electors could still throw the election, and Congress would be in chaos if Trump challenged mail ballots. However, some politicians and conservative celebrities angled for an electoral college remedy to overturn President Trump's loss. On December 14, 2020, the electoral college cast their votes exactly 306 for Joe Biden and 232 for Donald Trump. Then, the winning party appoints its electors, and the electors are expected to vote for the party nominee. By the beginning of the year, at least 140 Republican Representatives said they'd challenge at least some states' electoral vote slates. While it's theoretically possible that a team of one Senator and one Representative can co-sign a challenge (forcing the President of the Senate, currently Vice President Mike Pence, to intervene) – Republican Senators initially signaled they'd avoid the effort. Late night on November 3 (with mostly in-person votes counted), President Trump looked far in the lead – in fact, several betting sites implied Trump was an 80%+ favorite to win. Faithless electors have the power to throw an election result into chaos if the race is particularly tight and if the political atmosphere has been as polarised as it has been in 2020. Los Angeles, CA 90024 (310) 443-7000 [email protected] Gallery Hours A global pandemic, lots of turnover in the Executive Branch, and a nation on pins and needles have – perhaps – blown things up to new levels of drama. Ruth Bader Ginsburg's Legacy and the Supreme Court's Future. The Supreme Court: Chiafalo v. Washington, The Electoral College and 'Multiple Slates of Electors', Josh Hawley Announces He'll Raise Concerns at the Certification Vote, January 2, 2021: 11 Republican Senator Letter to Reject Electoral Votes, In 2016, there were a total of 7 faithless electors, decent catalog of legal actions by the campaign, suggested a recount or an electoral college remedy, delay state vote certifications and install friendly electors, suggested he may fight Congress's electoral college certification, Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan, Hours Calculator: See How Many Hours are Between Two Times, Bitcoin Return Calculator with Inflation Adjustment, Net Worth by Age Calculator for the United States in 2020, Stock Total Return and Dividend Reinvestment Calculator (US), Net Worth Percentile Calculator for the United States in 2020, S&P 500 Return Calculator, with Dividend Reinvestment, Income Percentile Calculator for the United States in 2020, Average, Median, Top 1%, and all United States Net Worth Percentiles in 2020, Income Percentile by Age Calculator for the United States in 2020, Household Income Percentile Calculator for the United States in 2020, Height Percentile Calculator for Men and Women in the United States, Average, Median, Top 1%, and all United States Household Income Percentiles in 2020, Age Difference Calculator: Compute the Age Gap, S&P 500 Periodic Reinvestment Calculator (With Dividends), Years Between Dates Calculator: Years between two dates, Month Calculator: Number of Months Between Dates, ETF Return Calculator: Dividends Reinvested (US). Congress and the Case of the Faithless Elector. Unanimous Supreme Court Smacks Down ‘Faithless Electors’ in Time for 2020 Election. There are 538 electors from the 50 states and the District of Columbia. ... She's also going to be a 2020 elector, if the Democratic nominee wins Colorado. Late-counted votes on November 3 and the morning of November 4 put it back in doubt, then the trickle of counted votes 'turned' the vote to Joe Biden in a number of swing states over the next three days: Nearly immediately after networks called Biden's election victory on November 7, President Trump called the results "far from over," promising to challenge the results. Notably, prosecutor Sidney Powell and attorney Lin Wood filed suits on behalf of Trump's campaign. Ultimately, though, the electoral college voted as pledged – and in a more orderly manner than in 2016. Generally speaking, the way it works is that a state will require an elector to “pledge” in advance that they will support the party nominee. In total, 10 electors were “faithless” in 2016, which was itself the most in a century. View Larger. Faithless Electors & the Will of the People. The plaintiffs in the two cases argued that the consequences they faced as a result of exercising their votes as chosen were unconstitutional deprivations of their right to vote. Will the Supreme Court Stop Them? Senator Marco Rubio (R - FL) cheekily brought up how folks of the opposite political persuasion behaved in 2016. The Supreme Court upheld a faithful elector requirement in 1952. The consolidated cases Chiafalo v. Washington and Colorado Department of State v. Baca asked whether individual members of the electoral college (the “electors”) have the right to cast votes for someone other than their pledged candidate who won the most votes in their respective states. ", October 14, 2019 ↑ The Wall Street Journal, "Tallying Up the ‘Faithless Electors’," May 12, 2020 ↑ 4.0 4.1 Emory Law Journal, "Faithless or Faithful Electors? The Electoral College was established by America's Founding Fathers who did not want a … On January 6, 1969, Democratic Representative … When all votes were counted, Joe Biden had secured the promise of a majority of electors: 306 to Donald Trump's 232. Prior to 2016 (and the maneuvering of pro-Clinton electors), the largest number of electors to defect from a live presidential candidate was six: electors for James Madison in 1808. It is precisely in that silence, the justice wrote, where the inherent power of the states to legislate lies. Expert Q&As Hidden Common Ground Suzette Hackney Columns & Letters. As I wrote this piece, neither had significant (read: large enough to swing a state) victories yet, although some cases were ongoing. See. Trump's legal team allegedly (read: according to unnamed sources) discussed trying to delay state vote certifications and install friendly electors. US Election 2020: What are ‘faithless electors’ that Trump allies hyping to help him secure second term? Do masks meet OSHA requirements? RELATED: 2020 election: Transition challenges await Biden When it comes time for the Electoral College to vote, some electors could go against their state's vote. While Rudy Giuliani and Jenna Ellis were the official legal team, other lawyers independently filed lawsuits challenging the election's validity. Perhaps because of Chiafalo v. Washington, there weren't as many calls for electoral college shenanigans as there were in 2016. There were 0 faithless electors in 2020. States decide how to allocate those votes. Tuesday Aug 4, 2020 5:00 PM This is a past program. SCOTUS disagreed. With one elector for each of the 100 senators, 435 House members and D.C.'s three electors, the total number is 538. 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