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

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.

  • 2016Seven 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

Popular posts from this blog

Eight Amendment

  The Eighth Amendment: Protecting You from Cruel and Unusual Punishment When it comes to fairness and justice, the Eighth Amendment plays a major role in making sure the punishment fits the crime. While it might not always grab the headlines, it’s a critical part of ensuring that punishment in the U.S. is humane and proportional. Let’s explore why this amendment matters. What Does the Eighth Amendment Say? The Eighth Amendment reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In simpler terms: The government can’t set unreasonably high bail amounts or fines. You can’t be subjected to cruel or unusual punishment. Why It’s So Crucial The Eighth Amendment is all about keeping things fair and humane, even when people are being punished for crimes. Here’s why it’s so important: No Excessive Bail or Fines : The Eighth Amendment prevents the government from charging unfairly high bail or fines. It ensures that people ...

Tenth Amendment

The Tenth Amendment: States vs. Uncle Sam The Constitution’s Tenth Amendment is all about setting boundaries. It’s not flashy, but it’s foundational to how power is divvied up in the U.S. Let’s dive into what it says and why it matters. The Tenth Amendment states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This amendment is  all about dividing power between the federal government and the states. The gist is simple: if the Constitution doesn’t give a specific power to the federal government, and it’s not explicitly denied to the states, then the states or the people get to call the shots. Mini Lesson on Federalism: Federalism is the separation of powers between state and federal government. In the very first constitution (the Articles of Confederation), almost all of the power was given to the individual states while little-to-no power was given to the federal gov...

Seventh Amendment

  The Seventh Amendment: Your Right to a Jury in Civil Cases You’ve probably heard about juries in criminal cases, but did you know that the Seventh Amendment ensures you have the right to a jury trial in certain civil cases too? This amendment might not get as much attention as some of the others, but it’s an important part of ensuring fairness in legal disputes. Let’s break it down and see why this right is so essential. What Does the Seventh Amendment Say? The Seventh Amendment states: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” In simpler terms: If you’re involved in a civil case where the amount in question is more than $20, you have the right to a jury trial. Once a jury decides the facts of the case, those facts can’t be overturned by a judge, excep...