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Faithless elector
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Faithless elector
In the United States Electoral College, a faithless elector is an elector who does not vote for the candidates for U.S. President and U.S. Vice President for whom the elector had pledged to vote, and instead votes for another person for one or both offices or abstains from voting. As part of United States presidential elections, each state legislates the method by which its electors are to be selected. Many states require electors to have pledged to vote for the candidates of their party if appointed. The consequences of an elector voting in a way inconsistent with their pledge vary from state to state.
Electors are typically chosen and nominated by a political party or the party's presidential nominee, and are usually party members with a reputation for high loyalty to the party and its chosen candidate. Thus, a faithless elector runs the risk of party censure and political retaliation from their party, as well as potential legal penalties in some states. Candidates for electors are nominated by state political parties in the months prior to Election Day. In some states, such as Indiana, the electors are nominated in primaries, the same way other candidates are nominated. In other states, such as Oklahoma, Virginia, and North Carolina, electors are nominated in party conventions. In Pennsylvania, the campaign committee of each candidate names their candidates for elector in an attempt to discourage faithless electors. In some states, high-ranking or well-known state officials up to and including governors often serve as electors whenever possible (the Constitution prohibits federal officials from acting as electors, but does not restrict state officials from doing so). The parties have generally been successful in keeping their electors faithful, leaving out the rare cases in which a candidate died before the elector was able to cast a vote.[citation needed]
As of the 2024 election, there have been a total of 165 instances of faithlessness, 90 of which were for president and 75 of which were for vice president. They have never swung an election, and nearly all have voted for third party candidates or non-candidates, as opposed to switching their support to a major opposing candidate. There were 63 faithless electors in 1872 when Horace Greeley died between Election Day and when the Electoral College convened, but Ulysses S. Grant had already clinched enough to win reelection. During the 1836 election, Virginia's entire 23-man electoral delegation faithlessly abstained[why?] from voting for victorious Democratic vice presidential nominee Richard M. Johnson. The loss of Virginia's support caused Johnson to fall one electoral vote short of a majority, causing the vice-presidential race to be thrown into the U.S. Senate under a contingent election. The presidential election itself was not in dispute because Virginia's electors voted for Democratic presidential nominee Martin Van Buren as pledged. The Senate elected Johnson as vice president anyway after a party-line vote. Uniquely, Richard Nixon always had a faithless elector in one of his state slates during his three runs for president. Oklahoma in 1960, North Carolina in 1968 and Virginia in 1972 all voted for Nixon but one elector cast a vote for another person.
The United States Constitution does not specify a notion of pledging; no federal law or constitutional statute binds an elector's vote to anything. All pledging laws originate at the state level; the U.S. Supreme Court upheld these state laws in its 1952 ruling Ray v. Blair. In 2020, the Supreme Court also ruled in Chiafalo v. Washington that states are free to enforce laws that bind electors to voting for the winner of the popular vote in their state.
As of 2022[update], 37 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. 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. Three other states impose a penalty on faithless electors but still count their votes as cast.
Colorado was the first state to void an elector's faithless vote, which occurred during the 2016 election. Minnesota also invoked this law for the first time in 2016 when an elector pledged to Hillary Clinton attempted to vote for Bernie Sanders instead. Until 2008, Minnesota's electors cast secret ballots. Although the final count would reveal the occurrence of faithless votes, it was impossible to determine which electors were faithless. After an unknown elector was faithless in 2004, Minnesota amended its law to require public balloting of the electors' votes and invalidate any vote cast for someone other than the candidate to whom the elector was pledged.
Washington became the first state to fine faithless electors after the 2016 election, in the wake of that state having four faithless elector votes. In 2019, the state changed its law for future elections, to void faithless votes and replace the respective electors instead of fining them.
The constitutionality of state pledge laws was confirmed by the U.S. Supreme Court in 1952 in Ray v. Blair in a 5–2 vote. The court ruled states have the right to require electors to pledge to vote for the candidate whom their party supports, and the right to remove potential electors who refuse to pledge prior to the election. The court also wrote:
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Faithless elector
In the United States Electoral College, a faithless elector is an elector who does not vote for the candidates for U.S. President and U.S. Vice President for whom the elector had pledged to vote, and instead votes for another person for one or both offices or abstains from voting. As part of United States presidential elections, each state legislates the method by which its electors are to be selected. Many states require electors to have pledged to vote for the candidates of their party if appointed. The consequences of an elector voting in a way inconsistent with their pledge vary from state to state.
Electors are typically chosen and nominated by a political party or the party's presidential nominee, and are usually party members with a reputation for high loyalty to the party and its chosen candidate. Thus, a faithless elector runs the risk of party censure and political retaliation from their party, as well as potential legal penalties in some states. Candidates for electors are nominated by state political parties in the months prior to Election Day. In some states, such as Indiana, the electors are nominated in primaries, the same way other candidates are nominated. In other states, such as Oklahoma, Virginia, and North Carolina, electors are nominated in party conventions. In Pennsylvania, the campaign committee of each candidate names their candidates for elector in an attempt to discourage faithless electors. In some states, high-ranking or well-known state officials up to and including governors often serve as electors whenever possible (the Constitution prohibits federal officials from acting as electors, but does not restrict state officials from doing so). The parties have generally been successful in keeping their electors faithful, leaving out the rare cases in which a candidate died before the elector was able to cast a vote.[citation needed]
As of the 2024 election, there have been a total of 165 instances of faithlessness, 90 of which were for president and 75 of which were for vice president. They have never swung an election, and nearly all have voted for third party candidates or non-candidates, as opposed to switching their support to a major opposing candidate. There were 63 faithless electors in 1872 when Horace Greeley died between Election Day and when the Electoral College convened, but Ulysses S. Grant had already clinched enough to win reelection. During the 1836 election, Virginia's entire 23-man electoral delegation faithlessly abstained[why?] from voting for victorious Democratic vice presidential nominee Richard M. Johnson. The loss of Virginia's support caused Johnson to fall one electoral vote short of a majority, causing the vice-presidential race to be thrown into the U.S. Senate under a contingent election. The presidential election itself was not in dispute because Virginia's electors voted for Democratic presidential nominee Martin Van Buren as pledged. The Senate elected Johnson as vice president anyway after a party-line vote. Uniquely, Richard Nixon always had a faithless elector in one of his state slates during his three runs for president. Oklahoma in 1960, North Carolina in 1968 and Virginia in 1972 all voted for Nixon but one elector cast a vote for another person.
The United States Constitution does not specify a notion of pledging; no federal law or constitutional statute binds an elector's vote to anything. All pledging laws originate at the state level; the U.S. Supreme Court upheld these state laws in its 1952 ruling Ray v. Blair. In 2020, the Supreme Court also ruled in Chiafalo v. Washington that states are free to enforce laws that bind electors to voting for the winner of the popular vote in their state.
As of 2022[update], 37 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. 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. Three other states impose a penalty on faithless electors but still count their votes as cast.
Colorado was the first state to void an elector's faithless vote, which occurred during the 2016 election. Minnesota also invoked this law for the first time in 2016 when an elector pledged to Hillary Clinton attempted to vote for Bernie Sanders instead. Until 2008, Minnesota's electors cast secret ballots. Although the final count would reveal the occurrence of faithless votes, it was impossible to determine which electors were faithless. After an unknown elector was faithless in 2004, Minnesota amended its law to require public balloting of the electors' votes and invalidate any vote cast for someone other than the candidate to whom the elector was pledged.
Washington became the first state to fine faithless electors after the 2016 election, in the wake of that state having four faithless elector votes. In 2019, the state changed its law for future elections, to void faithless votes and replace the respective electors instead of fining them.
The constitutionality of state pledge laws was confirmed by the U.S. Supreme Court in 1952 in Ray v. Blair in a 5–2 vote. The court ruled states have the right to require electors to pledge to vote for the candidate whom their party supports, and the right to remove potential electors who refuse to pledge prior to the election. The court also wrote:
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