[20200512]LSB10462_“背信弃义的选民”向最高法院提出质疑.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i “Faithless Elector” Challenge Goes to Supreme Court May 12, 2020 On May 13, 2020, the Supreme Court is set to hear two cases, Chiafalo v. Washington and Colorado Department of State v. Baca, that could determine how much power states have to control the presidential selection process in the Electoral College. As a formal matter, the Constitution provides that state legislatures shall direct the appointment of presidential electors, who, in turn, cast ballots for President and Vice President. But in practice, every state legislature has determined that electors should follow the will of their states voters. The question in these cases is whether states may require electors to cast ballots for the presidential ticket favored by their voters, or whether electors retain the ultimate discretion to cast ballots for the candidates of their choice. Factual Background So-called “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 ou