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Fordham Law Review

2020

Faithless electors; law of democracy

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Faithless Electors: Keeping The Ties That Bind, Scott Eckl Apr 2020

Faithless Electors: Keeping The Ties That Bind, Scott Eckl

Fordham Law Review

Every four years, the United States chooses a president and vice president. Millions of Americans exercise the right to vote, believing that they are voting for the candidates of their choice. In actuality, 538 relatively unknown party insiders known as electors officially choose the president a month later in fifty-one obscure meetings. Most of the time, these electors mirror the popular votes. However, whether these electors are required to do so and whether the states can enforce laws requiring them to do so are open questions. The Tenth Circuit recently declared statutes that bind electors unconstitutional. A few months before …