Supreme Court to hear Washington case of 'faithless' electors

By Robert Barnes / The Washington Post

WASHINGTON — The Supreme Court on Friday said it will consider whether states may punish or replace “faithless” presidential electors who refuse to support the winner of their state’s popular vote, or whether the Constitution forbids dictating how such officials cast their ballots.

Lower courts have split on the question, and both red and blue states urged the justices to settle the matter in advance of the “white hot” glare of the 2020 election. They say they fear a handful of independent-minded members of the electoral college deciding the next president.

“It is possible that a presidential election could turn on just a few disputed electoral votes cast in purported violation of state law,” said a petition filed by three electors who faced fines from the state of Washington for not supporting Hillary Clinton, the winner of that state’s popular vote in 2016.

“It is not entirely clear how that would play out — but there is a very real risk of substantial unrest, or worse, if that does happen,” their petition said.

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