A case for the electoral college and for its faithless elector pdf. Shapiro, yale book of quotations 146 2006 one must not. Given this history, what is new are recent efforts to remove andor punish. Dec 20, 2016 a faithless elector in minnesota in 2004 saw abdurrahman replaced to cast a vote for clinton.
Two electors are trying to withhold the presidency from. Mccarthys book faithless execution was better than expected. These rogue electors have never changed the outcome of an election but that doesnt mean they couldnt in the future. Meet the hamilton electors hoping for an electoral college. American history, 157 electors have voted contrary to their states chosen winner. Advice for electors thinking about changing their vote in 2016 or beyond. How it works in contemporary presidential elections congressional research service 2 of this eventuality, which occurred previously in 1876, 1888, and 2000. The faithless elector problem in addition to the problems noted above, the. These electors either vote for another candidate or dont vote at all. Single electors in both maine and minnesota attempted to cast ballots for. Washington became the first state to fine faithless electors after the 2016 election. The big lie jack swyteck, book 16 free books epub truepdf.
In the 2016 united states presidential election, ten members of the electoral college voted or attempted to vote for a candidate different from whom they were pledged. Dec 05, 2016 the first faithless elector was in 1796, when samuel miles cast his vote for thomas jefferson rather than john adams. When matthew yamashita, a graduate student at the university of washington, discovers a series of unexplained deaths among electors, he and his advisor. The article below is written as advice to potential faithless electors thinking about how to vote in 2016, but doubles as a lesson in civics regarding the powers and responsibilities of the u. None of the 157 faithless electors in american history have ever faced prosecution. In faithless elector, everyone thinks the election is over.
States will count a faithless electors ballot but impose. Mccarthy provides seven main offenses that support the impeachment and removal of president obama from office. Dec 05, 2016 none of the 157 faithless electors in american history have ever faced prosecution. One thing, however, would be different with this scenario. Of course, we dont know for sure that an elector will be faithless until he or she actually casts his or her electoral college vote. Even that threat might be insignificant to some wouldbe faithless electors, though. What if more people sign the electoral college petition. We werent alive in 1836 or 1872, so the election cycle of 2016 was the craziest in our lifetime. This election result is sometimes referred to, particularly by proponents of electoral college reform, as a wrong.
For the sixth time in american history, the winner of the. Socalled faithless electors or anomalous electors electors who cast ballots for a candidate other than the one expected by their states legislaturehave existed since early american history, though they have never tipped the outcome of an election. Thirtytwo states plus the district of columbia have laws against faithless electors, though a majority contain no enforcement mechanism. In united states presidential elections, a faithless elector is a member of the united states. Faithless elector is an intriguing and engaging political thriller set around a possibly corrupt american presidential election. A republican elector from texas who has promised not to vote for donald trump on monday has misrepresented his personal work history, according to. The electoral college has been divisive since day one. Faithless electors in history show that 2016s hamilton crew. President, i should like to take just a moment to alert my fellow senators on both sides of the aisle to the questions which will be raised on monday with respect to the challenge of the electoral vote of a north carolina presidential elector. Taming the electoral college explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for american democracy. In august 1974, for the first time in the history of the republic, the office of president was occupied by a man who had not been confirmed by a national election. This was the last election in which alaska and hawaii were not states. A faithless elector is an individual in the electoral college who decides not to vote for their own registered partys candidate. These are, first, determination of the president by faithless electors who ignore the popular vote in their states, and, second, choice of the president in the house of representatives, which is.
The electors bringing these lawsuits argue that the constitution gives them the right to vote for anyone for president, regardless of the will of the voters in the state they represent. The evolution of the electoral college behind the scenes. Dec 16, 2016 a republican elector from texas who has promised not to vote for donald trump on monday has misrepresented his personal work history, according to a news report by a dallasft. Constitution allows presidential electors to vote against the candidate the popular vote in their state commits them to vote for. Mar 07, 2017 arguments for and against the electoral college critics calling for the abolishment of the electoral college argue that it is an anachronistic institution that was not the result of a coherent design based on clear political principles but, rather, a complex compromise that reflected the interests of different states and the search for. Now im not going to pretend that i understood all the political jargon and procedures that went on because i didnt but underneath all that lies a very interesting and compelling thriller with some great characters and a highly believable storyline. Circuit court of appeals at denver ruled 21 this week that the electoral college system established by article ii and the 12th amendment of the u. How it works in contemporary presidential elections congressional research service 1 introduction the president and vice president of the united states are chosen indirectly by a group of persons. There have only been 157 instances of faithless electors in the 57 previous presidential elections held in the united states, and many of those cases have taken place because the electors candidate passed away i. Nov 06, 2016 the problem with a faithless elector is not failing to be appointed on november 8. The big lie jack swyteck, book 16 the big lie jack swyteck, book 16. It was pretty scandalous at the time, and he faced a. These are, first, determination of the president by faithless electors who ignore the popular vote in their states, and, second, choice of the. No electors have turned faithless in recent elections.
The first faithless elector was in 1796, when samuel miles cast his vote for thomas jefferson rather than john adams. Five times in history, presidential candidates have won the popular vote but lost the electoral college. In some cases, candidates died between election day and the electoral college voting date, forcing. As the electoral college battle for the white house lands in a florida courtroom, miami attorney jack swyteck has never felt farther from the truth, fighting for a faithless elector, caught between a corrupt president and his manipulative opponentwith each revelation more explosive than the. First republican faithless elector announces intent to vote. The movement attempted to find 37 republican electors willing to vote for a different republican. No election result has ever been changed due to the actions of. Electoral college could see historic numbers of faithless electors. Faithless electors are members of the united states electoral college who decide not to vote for the presidential or vicepresidential candidate they pledged to vote for. Walter burgwyn jones got one vote by a faithless elector in alabama. He was chosen as a ford elector in 1976, but voted instead for ronald reagan, the former california governor who had tried unsuccessfully to take the republican nomination away from president ford. The founding fathers created the electoral college to protect the rights of smaller. Electors reasons for voting their own way tend to be idiosyncratic.
Ahouse of representatives bsenate cstate legislatures d. This movement, dubbed the hamilton electors, was cofounded by micheal baca of colorado and bret chiafalo of washington. This has led some to question why americans use this system to. Dec 05, 2016 supruns declared defection from trump marks the first time that a republican has broken ranks in this election cycle to become what is known as a faithless elector. One novel npv provision would enable the presidential candidate who. Faithless electors the center for voting and democracy, 2009 are electors who either change their vote or abstain from voting. The term faithless elector is unfortunate, since the accusatory adjective begs. In more than half the country, electors are required to obey the results of their states popular vote and cast their ballots accordingly.
Second, a faithless elector is, arguably, only going against just over half the winning margin in their state. Supruns declared defection from trump marks the first time that a republican has broken ranks in this election cycle to become what is known as a faithless elector. Faithless electors may act alone, or join with other electors with. The need for the electoral college in our electoral process has long been debated, particularly after heated political contests as we saw in 2016. In this lesson you will learn what a faithless elector is and what impact they have on presidential elections. A faithless elector is an elector who ignores their pledge to vote for a certain candidate.
Gray denotes won by bentsen by a west virginia faithless elector. This means that an elector might choose a candidate at the last moment, despite a states clear preference for a different candidate. Below we use 2016 as an example, but the logic generally applies to any presidential election. Questions raised about resume of antitrump faithless elector. There have been more than 150 faithless electors since 1789 for various reasons.
But despite wide discussion, this complicated system still remains murky to many americans. Legislative session calendar masons manual staff directories state liaisons. I recall reading in a history book long ago about the time of the articles of confederation, and the lead. The election of 1820 was the last uncontested election for president in united states history, and plummer did not feel that the electoral college. But heres what the pipe looks like, and why its important. The first half of the book talks about the politics of impeachment in general, and as mccarthy pointedly states, impeachment is not a legal fight but a political one. Of the incident, muhammad said that state law said he had to follow the state vote but the constitution does not. First republican faithless elector announces intent to. In addition to its practical import, the faithlesselectors example shows the. Supreme court paused manual recounts to hear oral arguments from. Donald trump could still theoretically not be president.
Red denotes states won by bushquayle, blue denotes those won by dukakisbentsen. From 1787 through 2015, there have been only 157 faithless electors. In the past not since 1964, there have been unpledged electors who were nominated to stand as. Supreme court ruled that primary candidates for party electors can be required to. Electoral college could see historic numbers of faithless. Faithless electors in the 2016 united states presidential. The faithless elector is hardly part of the patrician 19th century thinking that deliberately put a middleman between the public and the presidency. In colorado, faithless elector michael baca cast a vote for john kasich though pledged to hillary clinton. In the past not since 1964, there have been unpledged electors who were nominated to stand as electors, but werent obliged to vote for a. Without faithless elector laws, electors are free to select whomever they wish in the electoral college. Another recent faithless elector was mike padden of the state of washington. The nation voted on november 8, 2016 and donald trump defeated hillary clinton in assumed delegates 306 232, while losing by a large margin in the popular vote.
In lieu of penalizing a faithless elector, some states such as colorado, michigan, and minnesota specify a faithless electors vote be voided. Nov 16, 2016 if faithless electors are going to upset the election for the first time in history, in an otherwise untraditional election, it makes sense to either crosspollinate vps or to offer america a more centered and less divisive choice for president bernie, kasich, kaine, and pence all come to mind. Faithless electors in history show that 2016s hamilton. It was pretty scandalous at the time, and he faced a lot of backlash for not. The peoples president, the electoral college in american history and the. Electoral college, it is essential to understand its historical context and the problem that the. Faithless electors are members of the electoral college who, for whatever reason, do not vote for their partys designated candidate. A young researcher uncovers a series of deaths among electors and must race against time and secret, deadly efficient conspiracy. What happened the last time we had a faithless elector. Since the founding of the electoral college, there have been 157 faithless electors. There has been one faithless elector in each of the following elections.
This has led some to question why americans use this system to elect their presidents in. But another faithless elector, like one of the two who have signaled intents to be faithless in washington state, could bring the 270 number back down to 269 to 269, thereby sending the election to the house of representatives after all. Learn the history of faithless electors from elections starting in 1832, to the. Eisenhower suffered a heart attack in september 1955 while in colorado for a. Its surprising twists add up to a highly suspenseful read.
In this paper, i explain the history of the electoral. Some states impose a penalty for this action, but the fines are relatively light. Still, if the prospect of a faithless elector is so fearsome as to warrant a. Faithless electors are electors who vote against their party affiliations. In 2016, seven electors broke with their state on the presidential ballot and six did so on the vice presidential ballot. Its time to abolish the electoral college brookings institution.