State Control of Electors
There is no federal law that requires electors to vote as they have pledged, but 29 states and the District of Columbia have legal control over how their electors vote in the Electoral College. This means their electors are bound by state law and/or by state or party pledge to cast their vote for the candidate that wins the statewide popular vote. At the same time, this also means that there are 21 states in the union that have no requirements of, or legal control over, their electors. Therefore, despite the outcome of a state’s popular vote, the state’s electors are ultimately free to vote in whatever manner they please, including an abstention, with no legal repercussions. The states with legal control over their electors are the following 29 and D.C.:

Alabama (Code of Ala. §17-19-2)
Alaska (Alaska Stat. §15.30.090)
California (Election Code §6906)
Colorado (CRS §1-4-304)
Connecticut (Conn. Gen. Stat. §9-176)
Delaware (15 Del C §4303)
District of Columbia (§1-1312(g))
Florida (Fla. Stat. §103.021(1))
Hawaii (HRS §14-28)
Maine (21-A MRS §805)
Maryland (Md Ann Code art 33, §8-505)
Massachusetts (MGL, ch. 53, §8)
Michigan (MCL §168.47)
Mississippi (Miss Code Ann §23-15-785)
Montana (MCA §13-25-104)
Nebraska (§32-714)
Nevada (NRS §298.050)
New Mexico (NM Stat Ann §1-15-9)
North Carolina (NC Gen Stat §163-212)
Ohio (ORC Ann §3505.40)
Oklahoma (26 Okl St §10-102)
Oregon (ORS §248.355)
South Carolina (SC Code Ann §7-19-80)
Tennessee (Tenn Code Ann §2-15-104(c))
Utah (Utah Code Ann §20A-13-304)
Vermont (17 VSA §2732)
Virginia (§24.2-203)
Washington (RCW §29.71.020)
Wisconsin (Wis Stat §7.75)
Wyoming (Wyo Stat §22-19-108)

Most of these state laws generally assert that an elector shall cast his or her vote for the candidates who won a majority of the state’s popular vote, or for the candidate of the party that nominated the elector.

Over the years, however, despite legal oversight, a number of electors have violated their state’s law binding them to their pledged vote. However, these violators often only face being charged with a misdemeanor or a small fine, usually $1,000. Many constitutional scholars agree that electors remain free agents despite state laws and that, if challenged, such laws would be ruled unconstitutional. Therefore, electors can decline to cast their vote for a specific candidate (the one that wins the popular vote of their state), either voting for an alternative candidate, or abstaining completely. In fact, in the 2000 election, Barbara Lett-Simmons, an elector for the District of Columbia, cast a blank ballot for president and vice president in protest of the District’s unfair voting rights. Indeed, when it comes down to it, electors are ultimately free to vote for whom they personally prefer, despite the general public's desire.

Electoral College Table of Contents


 
October 1st 2007
Electoral College Reform?
Washington Lawyer

A thorough look at the ins and out of the Electoral College, featuring insight from FairVote chairman John Anderson in this cover story.

September 27th 2007
Disillusioned voters challenging electoral system
The Hill

Members of National Popular Vote discuss their plan for direct election of the president, a hope shared by the majority of Americans.

September 25th 2007
The Democrats' fifty-state strategy
The Nation

FairVote NC member Lee Mortimer takes aim at the segmentation of our country into swing states and safe states, forcing candidates to ignore most of us.

September 24th 2007
Is it time for electoral reform?
Stoneham Sun

A call for serious consideration of the National Popular Vote plan in the Massachusetts legislature.

September 19th 2007
The manipulators are ready to tilt the next election
Seattle Times

Why Washington's Legislature should consider joining Maryland in the National Popular Vote compact and "respect the choice of the people in 2008."

[ Previous ] [ Next ]