Faithless elector

A faithless elector is a member of the Electoral College who casts a vote differing from the one the state's voters or their party expected. Electors are typically chosen by parties as loyal supporters of a candidate, so such departures are uncommon and have never changed the outcome of a presidential election.

In Chiafalo v. Washington (2020), the Supreme Court unanimously held that states may enforce pledges and penalize or replace electors who vote against the state's popular-vote winner. In a companion case, Colorado Department of State v. Baca, it upheld a state's removal of an elector who voted differently. Many states have laws binding electors, with penalties or automatic replacement of a faithless vote. Some of the framers' writings suggest they imagined electors exercising independent judgment.

The 2016 election saw an unusually large number of faithless votes, far more than in any recent election, though none changed the result. Supporters of binding laws say they protect voters' choices; others hold that electors' independence is a safeguard or constitutional design. The issue also arises in plans for the National Popular Vote Interstate Compact, which would rely on states' Electoral College appointments.