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On Friday, the Supreme Court agreed to hear two cases related to the 2016 election that could potentially have far-reaching effects on the Electoral College and future elections. The two cases are Colorado Department of State v. Baca and Chiafalo v. Washington. Â
In the 2016 election, there were ten faithless electors – the most in the modern era. In Washington, three electors (Peter Chiafalo, Levi Guerra, and Esther John) were elected to vote for Hillary Clinton but voted for former Secretary of State Colin Powell instead. This led to a fine of $1,000 per state law. They are challenging that law as unconstitutional on First Amendment grounds. Â
In Colorado, Michael Baca was elected as an elector for Hillary Clinton and attempted to vote for the former Governor of Ohio and Republican candidate John Kasich instead. State law removed him from the college and replaced his vote. He is challenging that law as unconstitutional on Twelfth Amendment grounds.Â
These two cases have been consolidated into a single case and the Supreme Court has granted 1 hour of argument later in the term. Depending on how the Justices rule, this could change the frequency and power of faithless electors. Â
If the Justices rule that these laws are, in fact, unconstitutional, it would mean state governments could not penalize electors for voting however they want. This would be more in keeping with how the Electoral College was originally intended to function.Â
This is an important case to watch even though it isn’t on a flashy controversial topic like abortion or executive power.Â
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Thaddeus R. Winker is a father and husband living in the Midwest and a frequent contributor to The Liberty Hawk. By day he works as a software developer but in a past life, he earned an MA in Biblical Studies at the Catholic University of America in Washington, DC and a BA in Classics from Xavier University in Cincinnati, OH. He enjoys fantasy, science fiction, and spending time with his family. You can follow him on twitter @Thadypus.
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