States can require Electoral College voters to back the victor of their state's popular vote, the Supreme Court ruled unanimously on Monday, in a major dispute that could have an impact on November's presidential contest.
Two cases were brought by Electoral College voters in Washington state and Colorado who refused to back Democrat Hillary Clinton in 2016, despite her wins in those states.
Two cases were brought by Electoral College voters in Washington state and Colorado who refused to back Democrat Hillary Clinton in 2016, despite her wins in those states. Micheal Baca, the Colorado elector, was replaced before he could cast his vote for former Ohio Gov. John Kasich. Three Washington electors were hit with $1,000 fines after voting for former Secretary of State Colin Powell.
While "faithless electors" have never affected the outcome of a presidential race, such an outcome was plausible in a future contest, attorneys for the electors told the justices. Larry Lessig, an attorney for the Washington electors, said in court papers that a swing of just 10 electors would have been enough to alter the results of five previous presidential races.
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