News and Commentary

Unanimous Supreme Court Decision Upholds State Laws Punishing ‘Faithless Electors’

Emily Zanotti
Unanimous Supreme Court Decision Upholds State Laws Punishing ‘Faithless Electors’
Photo by BRENDAN SMIALOWSKI/AFP via Getty Images

States can pass laws that punish so-called “faithless electors” who refuse to cast an official ballot for the winner of that state’s popular vote, the Supreme Court said Monday, in a unanimous 9-0 decision authored by Justice Elena Kagan.

Members of the Electoral College are selected on a state-by-state basis and, according to the United States Constitution, are bound to cast their official state ballots for whichever presidential candidate wins their state’s popular vote.

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