Asked by mom
Can faithless electors be jailed for their actions?
Responses
No, electors are allowed to vote for whomever they wish.
No, electors are allowed to vote for whomever they wish. - no response given
Yes, if they vote for a member of the opposing party.
Yes, if they vote for a member of the opposing party. - no response given
No, faithless electors are simply not counted.
No, faithless electors are simply not counted. - no response given
Yes, if the laws of their state provide for criminal punishment.
All Answers 1
Answered by
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The best answer is: Yes, if the laws of their state provide for criminal punishment.
Explanation: In Chiafalo v. Washington (2020) the U.S. Supreme Court held that states may enforce an elector’s pledge to vote for the state’s popular‑vote winner (or party nominee), and may impose sanctions under state law. That means a state that has a criminal penalty (including jail) on the books for casting a faithless vote could, in principle, seek to enforce it. In practice most states that sanction faithless electors use fines or remove/replace the elector; there are no known cases of an elector being jailed for a faithless vote.
Explanation: In Chiafalo v. Washington (2020) the U.S. Supreme Court held that states may enforce an elector’s pledge to vote for the state’s popular‑vote winner (or party nominee), and may impose sanctions under state law. That means a state that has a criminal penalty (including jail) on the books for casting a faithless vote could, in principle, seek to enforce it. In practice most states that sanction faithless electors use fines or remove/replace the elector; there are no known cases of an elector being jailed for a faithless vote.
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