Loading ...Faithless Electors
There is no federal law or constitutional provision requiring electors to vote for the party that nominated them, and over the years a number of electors have voted against the instructions of the voters. The most recent example of a faithless elector was probably an accident: in 2008, a Minnesota elector nominated by the Democratic Party cast a ballot for John Edwards, the vice presidential running mate of John Kerry. It is not common for an elector to vote for the other party’s candidate, however: remember that most electors are selected by the political party for their party loyalty, and many are party leaders. The last time an elector crossed party lines was in 1972, when an elector nominated by the Republican Party cast his ballot for the Libertarian ticket.
Some states have passed laws that require their electors to vote as pledged. These laws may either impose a fine on an elector who fails to vote according to the statewide or district popular vote, or may disqualify an elector who violates his or her pledge and provide a replacement elector. No elector has ever been penalized or replaced — nor have these laws been fully vetted by the courts. The states with laws that attempt to bind the votes of presidential electors are below:
| Alabama | Nebraska |
| Alaska | Nevada |
| California | New Mexico |
| Colorado | North Carolina |
| Connecticut | Oklahoma |
| Delaware | Ohio |
| District of Columbia | Oregon |
| Florida | South Carolina |
| Hawaii | Tennessee |
| Maine | Utah |
| Massachusetts | Vermont |
| Minnesota | Virginia |
| Michigan | Washington |
| Mississippi | Wisconsin |
| Montana | Wyoming |
Most of the laws cited above require electors to vote for the candidate of the party that nominated the elector, or require the elector to sign a pledge to do so. Some go further: Oklahoma and Washington impose a civil penalty of $1,000; in North Carolina, the fine is $500, the faithless elector is deemed to have resigned, and a replacement is appointed. In South Carolina, an elector who violates his or her pledge is subject to criminal penalties, and in New Mexico a violation is a fourth degree felony. In Michigan and Utah, a candidate who fails to vote as required is considered to have resigned, and a replacement is appointed.