Bloomberg Law
Aug. 21, 2019, 3:44 PM UTCUpdated: Aug. 21, 2019, 9:07 PM UTC

Bans on Rogue Presidential Electors Heading to Supreme Court (1)

Peter Hayes
Peter Hayes
Reporter
Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson
Reporter

Controversy over laws prohibiting members of the Electoral College from voting their conscience rather than the presidential candidate who won their state appears headed to the U.S. Supreme Court.

A challenge is likely now that a federal appellate ruling this week split the courts over whether states can lawfully remove or sanction “faithless electors,” or those who stray. An unsual number did so in 2016 in the election of President Donald Trump.

Harvard Law professor Lawrence Lessig, who founded the progressive non-profit Equal Citizens, said Electoral College outcomes are going to get closer, raising the possibility of a small ...

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