A global pandemic, lots of turnover in the Executive Branch, and a nation on pins and needles have – perhaps – blown things up to new levels of drama. Updated: 4:52 PM EST November 9, 2020 WASHINGTON — Even before the final vote count is tallied, it's clear that turnout in the 2020 election has been momentous. (Colin Powell, Bernie Sanders, John Kasich, Ron Paul, and Faith Spotted Eagle all picked up votes.). If you have any questions or comments please contact Ashley Houghton, AHoughton@fairvote.org. I'll revisit this post as we head towards certification (January 6) and President-Elect Biden's inauguration (January 20). On December 14, 2020, the electoral college cast their votes exactly 306 for Joe Biden and 232 for Donald Trump. “Rather than just assume that party-picked electors would vote for their party’s winning nominee, those States insist that they do so,” Kagan noted. In 2020, a more robust faithless elector presence, in a close Electoral College vote—catalyzed by a super-polarized environment—could change … Could faithless electors change the 2020 presidential election outcome? There are too many to list here – Wikipedia has a decent catalog of legal actions by the campaign (and the allies). That year, two sets of 3 electors (Hawaii had three votes at the time) voted on December 19 – and both Hawaii's slates of electors voted, so called "dueling electors" or "multiple slates." Will the Supreme Court Stop Them? Unanimous Supreme Court Smacks Down ‘Faithless Electors’ in Time for 2020 Election The Supreme Court of the United States handed down an opinion in the “Faithless … When it comes time for the Electoral College to vote, some electors could go against their state's vote. Five turned against Democratic nominee … ", October 14, 2019 ↑ The Wall Street Journal, "Tallying Up the ‘Faithless Electors’," May 12, 2020 ↑ 4.0 4.1 Emory Law Journal, "Faithless or Faithful Electors? Show full articles without "Continue Reading" button for {0} hours. To change the 2020 presidential election, multiple electors would need to do so — enough to flip the Electoral College balance — and America has never even come close to seeing that happen. In 48 states, including Pennsylvania, electors are selected in a “winner-take-all” system, whereby the candidate who wins the popular vote gets all the electoral votes. An Analogy to Disobedient but Conscientious Jurors," accessed October 9, 2020 ↑ FairVote, "Faithless Elector State Laws," July 7, 2020 The Supreme Court upheld a faithful elector requirement in 1952. Colorado played a big role in the country’s current view of faithless electors after the 2016 election and a U.S. Supreme Court ruling that followed, in the middle of this year. By the beginning of the year, at least 140 Republican Representatives said they'd challenge at least some states' electoral vote slates. That is progress.”, Jason Harrow, EqualCitizens.US Chief Counsel who argued the Baca case, agreed that SCOTUS was right to settle the matter before the upcoming election, but warned: “[M]ake no mistake: laws binding electors are not a cure-all, they can go haywire in unexpected situations, and presidential electors remain free to choose in eighteen states.”, [Image via Saul Loeb/AFP via Getty Images], Like us on Facebook to see similar stories, Nebraska governor says citizens, legal residents will get vaccine priority over undocumented immigrants, Driver involved in crash that killed four Florida moms wants DUI evidence excluded from trial. Microsoft may earn an Affiliate Commission if you purchase something through recommended links in this article. Justice Thomas penned his own concurrence (which was joined in part by Justice Neil Gorsuch), agreeing that electors do not have the right to go rogue – but rejecting the majority’s reliance on the interpretation of Article II. Trump's legal team allegedly (read: according to unnamed sources) discussed trying to delay state vote certifications and install friendly electors. States are awarded electoral votes in proportion to their population (out of a total pool of 538 electors). Do masks meet OSHA requirements? Justice Sonia Sotomayor recused. Like Washington and Ohio, individual states have their own mechanisms to ensure that whoever is appointed as an elector votes for the popular winner. Electors filling out ballots during a meeting of Washington State’s Electoral College in … When it comes time for the Electoral College to vote, some electors could go against their state's vote. Generally speaking, the way it works is that a state will require an elector to “pledge” in advance that they will support the party nominee. /tiles/non-collection/1/11-17-Ohara-Collection.xml. In the 1960's election between Republican Richard Nixon and Democrat John Kennedy, Hawaii was too close to call after a November 8 count and headed to recall. Due to the unique challenges of the COVID-19 pandemic, there was a larger than normal count of mail-in ballots in 2020. Ultimately, JFK won in a recount – Hawaii sent an urgent letter two days before Congress certified the election, letting Congress know to accept the Democratic electors' votes for President Kennedy. Expert Q&As Hidden Common Ground Suzette Hackney Columns & Letters. When all votes were counted, Joe Biden had secured the promise of a majority of electors: 306 to Donald Trump's 232. Those prohibitions written into state law, Kagan wrote, are perfectly legal. In 2020 it upheld two state laws imposing sanctions on faithless electors—in … But faithless electors are rare and have never swung an election. The Supreme Court: Chiafalo v. Washington, The Electoral College and 'Multiple Slates of Electors', Josh Hawley Announces He'll Raise Concerns at the Certification Vote, January 2, 2021: 11 Republican Senator Letter to Reject Electoral Votes, In 2016, there were a total of 7 faithless electors, decent catalog of legal actions by the campaign, suggested a recount or an electoral college remedy, delay state vote certifications and install friendly electors, suggested he may fight Congress's electoral college certification, Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan, Hours Calculator: See How Many Hours are Between Two Times, Bitcoin Return Calculator with Inflation Adjustment, Net Worth by Age Calculator for the United States in 2020, Stock Total Return and Dividend Reinvestment Calculator (US), Net Worth Percentile Calculator for the United States in 2020, S&P 500 Return Calculator, with Dividend Reinvestment, Income Percentile Calculator for the United States in 2020, Average, Median, Top 1%, and all United States Net Worth Percentiles in 2020, Income Percentile by Age Calculator for the United States in 2020, Household Income Percentile Calculator for the United States in 2020, Height Percentile Calculator for Men and Women in the United States, Average, Median, Top 1%, and all United States Household Income Percentiles in 2020, Age Difference Calculator: Compute the Age Gap, S&P 500 Periodic Reinvestment Calculator (With Dividends), Years Between Dates Calculator: Years between two dates, Month Calculator: Number of Months Between Dates, ETF Return Calculator: Dividends Reinvested (US). 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