The plaintiffs in
Chiafalo and
Baca are “faithless electors” who sought to buck these laws in 2016 and select a different candidate than the one chosen by voters of their state. They argue that the Constitution grants electors the right to vote for whomever they want. In their view, the statewide vote is essentially advisory and states have no power to punish electors who go their own way.
“Those who disagree with your argument,” Justice Samuel Alito told Lessig, “say that it would lead to chaos”—that in a close election,
“the rational response of the losing political party” would be “to launch a massive campaign to try to influence electors, and there would be a long period of uncertainty about who the next president was going to be.” Lessig told Alito he did not “deny it’s a possibility,” but it’s one that hasn’t happened yet—and even if it does, that’s the Constitution’s fault.
Bookmarks