VIEW VIEWPOINT

Faithless Elector

Written by Kerby Anderson September 10 - 2019
Kerby Andersonnever miss viewpoints
The Electoral College has become a controversial issue in the last two decades. But a recent federal court ruling could make it even more controversial. Judges in the Tenth Circuit Court of Appeals ruled that presidential electors do not have to follow the results of the popular vote in their states. Some worry that a single elector could decide the outcome of a presidential election in a close election. The decision was a victory for one Colorado elector who decided not to vote for Hillary Clinton in the 2016 election. Instead, he crossed out her name and wrote in John Kasich (then the Republican governor of Ohio). The Colorado Secretary of State removed him and brought in another elector who voted for Clinton. The court ruled that once electors are chosen and report to their state capitol in December, they cannot be removed nor can the state nullify their votes. In the past, the court has ruled that a state may bind the electors. But those laws are weak, and the penalties for being a faithless elector are nominal. It is worth mentioning that the ruling from Colorado conflicts with an earlier ruling from the state of Washington. The state supreme court there ruled that electors must follow the results of the popular vote. Now that there are conflicting rulings, it is likely that these cases will make their way to the Supreme Court. Given the current makeup of the Supreme Court, it is difficult to predict how the justices will rule or whether they will even rule at all before the 2020 election. Nevertheless, I predict that the high court will uphold the Colorado ruling given the fact that in the past there have been faithless electors in America’s history. And I also predict that some justices will comment on the constitutionality of the Electoral College given the fact that we have had two elections in less than two decades decided by the electoral vote rather than the popular vote. viewpoints new web version

Listen to this Viewpoint

Viewpoints

View All
Spy balloon
June 4, 2026
Kerby Anderson

Intelligence Gathering

Kerby AndersonOver the last month, we have been talking about China. When talking about China, we usually talk about its strengths and technological developments. But there is another side to intellig...

John adams quote our constitution was made
June 3, 2026
Kerby Anderson

Freedom’s Foundations

Kerby Anderson Freedom in this country depends upon three important foundations: morality, limits, and human rights. First, freedom depends on morality. John Adams observed, “Our constitution was made...

Hausers law in action 1946 2018
June 2, 2026
Kerby Anderson

Raise Tax Rates?

Kerby Anderson With estimates that the federal deficit will increase this year, we are once again hearing comments about making the “rich pay their fair share.” Even if we set aside the moral argument...

Take Action

View All
Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

Support the SAVE Act
April 2, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.

Contact Congress About the Prevent Government Shutdowns Act of 2025
October 15, 2025

Contact Congress About the Prevent Government Shutdowns Act of 2025

Congress needs to get the job done, not run away from work.