Constitutional Provision(s) at Issue: First Amendment |
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Facts
This case deals with the issue of so-called faithless electors in the 2016 presidential election. In each political party’s state primary, a slate of electors is chosen who pledge that if their party’s nominee wins the general election in that state, they will cast their vote in the Electoral College for that nominee. Democrat Hillary Clinton won the popular vote in the state of Washington in 2016, and so the Democratic Party’s slate of electors in that state was chosen to cast their electoral votes for her. But three electors ultimately cast their votes for neither Clinton nor her Republican rival Donald Trump. Instead, they voted for former U.S. Secretary of State Colin Powell. They were each fined $1,000 for failing to fulfill their pledge under the laws of the state. (The case Colorado Department of State v. Baca deals with faithless electors, too, and has oral arguments scheduled for the same day. )
Questions Presented Before the Court
Is a fine imposed on electors who vote contrary to their pledge under state law a violation of those electors' First Amendment right to free speech?
Legal Vocabulary
faithless elector (n.) – an elector in a state who votes in the Electoral College contrary to his or her pledge to vote with that state’s popular vote. (Click here for more details.)
Additional Resources
Click here for CRF’s two-lesson series on the Electoral College. Activities include a civic scenario in which students make recommendations on what (if anything) should be done about this controversial institution, and a Civil Conversation on the question of slavery’s role in the creation of the Electoral College.
