16 December 2016

The Conversation: The Electoral College could end Trump’s presidency before it begins – but it probably won’t

Consequently, the electors are an eclectic group of people. Some of them are well-known state politicians, including current and past members of state legislatures and governors. Others are just unknown private citizens with loose ties to a political party, including at least one teenager involved in politics for the first time.

While there is no federal law or constitutional mandate that presidential electors actually vote for the candidate they have originally agreed or pledged to vote for, 29 states have state laws and regulations that try to restrict their freedom.

The law in each state is, once again, slightly different. But most states with restrictive regulations simply state that electors are “required” to vote for the nominee of the party that selected them. [...]

In 1952, the US Supreme Court argued that states and state parties are allowed to require a pledge from their potential electors. The decision said such a requirement was not unconstitutional, even though it was legally unenforceable because it would violate the electors’ assumed constitutional freedom. [...]

An online petition, which has collected nearly 5 million signatures, is calling on Trump electors to vote for Clinton instead. If only 38 out of the 306 Trump electors decided to do so, Clinton would be elected president. [...]

If given a choice, Republican members of the House may be able to reach a compromise with their Democratic colleagues and elect “the other Republican”. This would prevent Trump becoming president, and avoid having an obscure institution such as the Electoral College simply change the election outcome with a move many would perceive as anti-democratic.

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