The holding was that state legislatures had the authority to punish and remove “faithless electors,” the people who were putatively “elected” to the electoral college to fulfill the will of the people of a state by casting their ballot for the candidate chosen by their state’s voters. In 2016, there was a push to get electors to be something other than conduits for the voters, but to vote for the “right” candidate.
The cases that led to the decision involved electors in 2016 who had voted contrary to their pledge. Recognizing that Hillary Clinton, the winner of the popular vote, would not be elected president, these electors worked to rally enough Republican and Democratic electors to vote for a Republican candidate other than Donald Trump, thus throwing the election into the House of Representatives. Continue reading
