Skip to main content

Faithless Electors: When the Electoral College Ghosts the Popular Vote

Because sometimes your “vote” gets passed to a guy who goes rogue.

We all love a good electoral plot twist—okay, maybe “love” is strong. But few things get the political drama juices flowing like the Electoral College, that bizarre group project from 1787 that still picks our presidents.

But what happens when one of those electors—those mysterious humans behind the ballots—says, “Nah, I’m good,” and votes for someone else?

Welcome to the world of faithless electors—the constitutional glitch you didn’t know existed but now can’t stop thinking about.

Let’s dig in.

Who Are These Electors?

When you vote for president, you’re not directly voting for Biden or Trump or whoever’s on the bumper sticker. You’re actually voting for a slate of electors—real humans—who’ve pledged to vote for that candidate in the Electoral College.

Each state gets a number of electors equal to its Senators + Representatives. In total? 538. And a candidate needs 270 electoral votes to win.

So in theory: the people vote → electors are chosen → they cast the “real” votes in December → president secured.

But here’s the kicker: nothing in the original Constitution forces them to follow the will of the people.

And that’s where things get spicy.

Enter: Faithless Electors

A faithless elector is someone who breaks their pledge and votes for someone other than the person who won their state’s popular vote.

This has actually happened! Not a ton, but enough to raise eyebrows:

  • 1976: A Washington elector voted for Ronald Reagan instead of Gerald Ford. Reagan wasn't even on the ballot!

  • 2000: One elector from D.C. abstained to protest the district’s lack of congressional voting rights.

  • 2016: Seven electors went rogue—some voting for Bernie Sanders, Colin Powell, or even Faith Spotted Eagle (a Native American activist). Most were protesting Trump or Clinton.

Faithless electors didn’t change the outcome—but they could have, especially in a super-tight race.

Imagine if you won the popular vote in your state, but your elector was like, “Hmm, I’m more of a Dwayne ‘The Rock’ Johnson fan.” That’s the level of chaos we’re talking.

What Does the Constitution Say?

Fun fact: the Constitution doesn’t say electors must vote faithfully. It just says each state appoints them “in such Manner as the Legislature thereof may direct.”

Translation: states make the rules.

Some states have laws requiring electors to vote according to their pledge—and a few even penalize or replace electors who go rogue.

Others? No enforcement. Just vibes and hope.

This legal ambiguity came to a head in 2020, not in the election itself, but in a landmark Supreme Court case...

Chiafalo v. Washington (2020): Sit Down, Stay Loyal

In this case, Washington state fined three faithless electors from the 2016 election. They sued, saying the Constitution protected their right to vote freely.

The Supreme Court disagreed.

In a rare unanimous decision, the Court said states can require electors to follow the popular vote. Justice Elena Kagan (queen of spicy footnotes) basically said: being an elector isn’t a free-for-all—it’s more like being a messenger. You don’t get to rewrite the message.

So while states aren’t required to bind their electors, if they do? That’s totally fine. Go ahead and leash ‘em.

What If It Happens Again?

Even with Chiafalo, there’s still uncertainty:

  • Not all states bind electors.

  • Penalties vary.

  • In a close election, even one or two rogue votes could trigger a full-blown constitutional crisis—or land the election in Congress (yikes).

That’s why some folks are pushing for the National Popular Vote Interstate Compact—an agreement among states to give their electoral votes to the candidate who wins the national popular vote. But it only kicks in once enough states sign on to reach 270. (Spoiler: we’re not there yet.)

Until then, we’re still riding the Electoral College rollercoaster—faithless loops and all.

Final Thoughts: Trust, But Verify

Faithless electors are the political equivalent of the friend who promises to Venmo you… and then just never does. They’re rare, but just common enough to keep you nervous.

The Electoral College wasn’t built for political parties, primaries, or modern campaigns—it was built for a very different America, with powdered wigs and no TikTok. So every time we use it, we’re kinda duct-taping old machinery to a high-speed jet.

And faithless electors? They’re the loose bolts.

Comments

Post a Comment

Popular posts from this blog

The Bill of Rights—Now in Kid-Sized Portions

The Bill of Rights—Now in Kid-Sized Portions We talk a lot about the Constitution on this blog. But what if I told you your 10-year-old could understand it too? I'm excited to share that I’ve published a new book called 10 Rights Every Ten-Year-Old Should Know . It’s a short, accessible guide to the Bill of Rights , written specifically for kids—but honestly, adults can learn from it too. Why write a book like this? Because our rights shouldn’t feel like legal secrets. They’re for everyone. And that includes the next generation. The book breaks down each of the first ten amendments in plain language, connecting these core freedoms to situations kids might actually encounter—like school rules, protests, privacy, and more. It’s educational without being preachy, and it’s meant to spark questions, conversations, and curiosity. đź“š Self-published, yes. But not self-serving. This book is about empowering young minds to know what protections they have under the law—and why that matters. ...
Post a Comment
Read more

The Right to Vote Was Never Guaranteed. It Was Built.

  The Constitution did not originally guarantee the right to vote. That fact surprises people. Voting feels foundational to democracy, yet the original document was largely silent on who could cast a ballot. States controlled elections. Many limited voting to white male property owners. Others imposed religious or wealth requirements. The story of voting rights in America is not one of steady progress. It is a series of expansions, contractions, and corrections. Each change required constitutional amendments, federal legislation, and sustained pressure from citizens who were excluded from the process. Voting rights were not handed down. They were fought for. The Original Constitution and Its Silence The Constitution established how representatives would be chosen, but not who could vote. Article I left voter qualifications to the states. If you could vote for the most numerous branch of your state legislature, you could vote for Congress. This deference reflected political compromi...
Post a Comment
Read more

America’s First Ten Amendments Went Global

  The Bill of Rights is often treated as a uniquely American achievement. Ten amendments drafted to calm fears about a new federal government. A domestic compromise for a young republic. Something that belongs to the United States alone. That view is incomplete. Over the past two centuries, the Bill of Rights has shaped constitutions far beyond American borders. Its language, structure, and underlying principles appear again and again in legal systems across the world. Sometimes the influence is obvious. Sometimes it is indirect. But it is real. The Bill of Rights did not just limit American government. It helped define what constitutional freedom looks like. Why the Bill of Rights Travels Well The Bill of Rights works internationally because it addresses a universal problem. Power tends to expand. Individuals tend to lose. Constitutions exist to slow that process down. The First Amendment protects speech, religion, and assembly. The Fourth limits government intrusion. The Fifth an...
Post a Comment
Read more