Supreme Court Puts an End to Faithless Electors

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The Supreme Court says that states can require electors to vote for the presidential candidate they’re supposed to vote for:

The Supreme Court ruled unanimously Monday that states may require presidential electors to support the winner of the popular vote and punish or replace those who don’t, settling a disputed issue in advance of this fall’s election.

Justice Elena Kagan wrote for the court, and settled the disputed “faithless elector” issue before it affected the coming presidential contest. The Washington state law at issue “reflects a tradition more than two centuries old,” she wrote. “In that practice, electors are not free agents; they are to vote for the candidate whom the state’s voters have chosen.”

This has two consequences. First, states can join the National Popular Vote Interstate Compact and make it stick. Under the terms of the NPVIC, electors are required to vote for the winner of the popular vote, but only if states with a majority of electors have joined the compact. Today’s ruling makes this legal and enforceable.

Second, it puts an end to “faithless” electors, who vote for Ron Paul or Colin Powell or whoever they think makes the cutest protest statement. In 2016, ten electors tried to cast faithless votes, and it’s time for this to stop. We live in an era where it’s common to blow up political norms, and this could easily have gotten out of hand. Far better to put a hammer on it now than later, when it might actually affect an election. All that’s left now is for states to follow up and write laws requiring electors to do what they’re supposed to do.

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Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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