When people vote in a presidential election, they are selecting a representative who will cast a vote for a presidential candidate in the Electoral College. What happens if the elector decides to vote contrary to the results from the polls? Supporters of such “faithless electors” contend that the Constitution allows them to cast their vote according to their own discretion. Opponents argue that the role of an Elector is to represent the people and their wishes, despite their own personal preferences. In this episode of POLICYbrief, Professor Michael Morley outlines the arguments for both sides of the debate.

Learn more about Michael Morley:
https://law.fsu.edu/faculty-staff/michael-morley

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Related Links

“Faithless Electors” Won’t Affect Any Presidential Election
https://www.heritage.org/election-integrity/commentary/faithless-electors-wont-affect-any-presidential-election

Chiafolo v. Washington: The Decision
https://fedsoc.org/commentary/videos/chiafalo-v-washington-the-decision-scotusbrief

Electoral College Fast Facts
https://history.house.gov/Institution/Electoral-College/Electoral-College/

Originalism, Constitutional Construction, and the Problem of Faithless Electors
https://arizonalawreview.org/pdf/59-4/59arizlrev903.pdf

The National Popular Vote v. the Electoral College
https://fedsoc.org/commentary/videos/the-national-popular-vote-v-the-electoral-college-policybrief

Differing Views

Supreme Court’s “faithless electors” decision validates case for the National Popular Vote Interstate Compact
https://www.brookings.edu/blog/fixgov/2020/07/14/supreme-courts-faithless-electors-decision-validates-case-for-the-national-popular-vote-interstate-compact/

Faithless Electors
https://www.fairvote.org/faithless_electors

Myths about Faithless Electors
https://www.nationalpopularvote.com/section_9.10

“Faithless Electors” are Faithful to the Constitution
https://www.wsj.com/articles/faithless-electors-are-faithful-to-the-constitution-11589322552