US Supreme Court justices seemed reluctant Wednesday to tamper with the system America uses to choose its president, based on their comments during oral arguments over the workings of the Electoral College.
Other members of the court said if the challengers were right, states could do nothing to disqualify electors who took bribes or voted for clearly unqualified candidates.
In more than half the nation, electors are required to obey the results of their state's popular vote and cast their ballots accordingly. The problem of"faithless electors" who disregard the popular vote outcome has not been much of an issue in American history, because when an elector refuses to follow the results of a state's popular vote, the states usually simply throw the ballot away.
Colorado tossed Baca's vote out and found another elector who voted for Clinton. So he sued, and the Tenth Circuit Court of Appeals based in Denver ruled that electors can vote for any legitimate candidate. The Supreme Court took both cases to decide which outcome is the correct one. The court ruled in 1952 that states do not violate the Constitution when they require electors to pledge that they will abide by the popular vote. But the justices have never said whether it is constitutional to enforce those pledges.
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