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What the US Constitution Specifies about Choosing the New President

may choose to enforce state laws that bind Electors to voting for the winner of the state’s popular vote. The Supreme Court recognized that “such promises of candidates for the Electoral College are legally unenforceable because violative of an assumed constitutional freedom of the Elector under the Constitution, Art. II, section 1, to vote as he may choose in the Electoral College,” but added “it would not follow that the requirement of a pledge is unconstitutional.” Electors not Voting as Pledged As of 2020, only 33 states and the District of Columbia have laws requiring Electors to vote for the candidate they pledged to vote for. However, in half of these jurisdictions no legal mechanism enforces this. Only 14 of the 50 states have voided votes contrary to the pledge their Electors and replaced the respective Electors. 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.

What the US Constitution Specifies about Choosing the New President, How it is Stacked against the People

What the US Constitution Specifies about Choosing the New President, How it is Stacked against the People
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