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Whether or not members of the Electoral College can use their discretion when voting, or if states can require electors to vote a certain way, remains in the news. Last week, in episode 48 of The Law, we discussed the 10th Circuit’s ruling on the issue in Baca v Colorado. This week, we discuss a recent Washington state Supreme Court ruling that directly contradicts Baca. How do these two cases arrive at completely opposite conclusions? The Law answers that question.
LINKS
The case itself: Guerra v Washington (WA State Sup Ct 2019)
A Historic Number of Electors Defected, and Most Were Supposed to Vote for Clinton (NY Times, Dec 19, 2016)
A small sample of major articles about the Electoral College posted within the last week:
- George Will, The electoral college is here to stay (Washington Post, August 28, 2019)
- Richard Hasen, The Coming Reckoning Over the Electoral College (Slate, September 4, 2019)
- David G. Savage, Can states restrict how electors cast presidential votes? Supreme Court may have to decide (LA Times, August 28, 2019)
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