U.S. Supreme Court,
Constitutional Law
Oct. 14, 2019
What if electors don’t vote according to the popular vote?
States as a matter of state law may “require” electors to cast their vote according to the popular vote in the state. But what if electors don’t vote accordingly? The public may find out the answer to this fundamental question if the U.S. Supreme Court accepts a pending petition for certiorari.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The Founding Fathers considered several methods that might be used to elect the president and vice president. They rejected the direct popular vote option for several reasons. Smaller states were concerned that larger states would dominate the result. In addition, the practical difficulties of conducting a nation-wide election were daunting. The compromise was the Electoral College. The U.S. Constitution provides that each state "shall appoint in such Manner as the Le...
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