Supreme Court says states can punish Electoral College voters

Discussion in 'Political Opinions & Beliefs' started by Booman, Jul 6, 2020.

  1. Curious Always

    Curious Always Well-Known Member Past Donor

    Joined:
    Dec 6, 2016
    Messages:
    16,925
    Likes Received:
    13,463
    Trophy Points:
    113
    Gender:
    Female
    It has always been the intention that the electors are there representing the state's interests. It was never intended to be a personal vote and it has never been treated as one. The number of times that an electoral college member has gone rogue is very small. Only 16 since 1900. All SCOTUS did was say that state laws making illegal to vote other than as pledged, are constitutional laws.

    https://www.latimes.com/nation/la-na-faithless-electors-2016-story.html
     
  2. Curious Always

    Curious Always Well-Known Member Past Donor

    Joined:
    Dec 6, 2016
    Messages:
    16,925
    Likes Received:
    13,463
    Trophy Points:
    113
    Gender:
    Female
    Perhaps you should learn something about the college before arguing about how it should be. This is 8th grade civics stuff.
     
  3. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    I'm not sure if you are wrong. I disagree with your opinion though.

    So why do you think that the sovereign states did the whole elector thing when they established their treaty?
     
  4. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Good advice. So why do you think the states devised the system of choosing the president they did?
     
  5. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    You don't agree that the states have a compelling interest to protect the will of the people as expressed through their right to vote?
     
  6. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,424
    Likes Received:
    7,083
    Trophy Points:
    113
    The vote gets cast, but it is regulated by the state that appoints the elector. Its not actually his vote that he is casting. because he only holds the proxy for the state election result as described in the statute under which he was selected and under which he performs his duty. . He does not get to replace that election result, with his own, absent state authorization under that statute.
     
    Last edited: Jul 6, 2020
  7. Curious Always

    Curious Always Well-Known Member Past Donor

    Joined:
    Dec 6, 2016
    Messages:
    16,925
    Likes Received:
    13,463
    Trophy Points:
    113
    Gender:
    Female
    I think the reasons are very well documented. I see no reason to develop my own logic, when the history is there for everyone to review.
     
  8. Gdawg007

    Gdawg007 Well-Known Member

    Joined:
    Jun 15, 2010
    Messages:
    4,097
    Likes Received:
    1,636
    Trophy Points:
    113
    I don't think that was ever the point...The point of this case was for states like mine who passed legislation requiring the electors to represent the will of the people. As in, if in 2016 Colorado voted for Hillary Clinton, and an elector from Colorado voted for Trump, then that elector could have been held legally liable for that. The electoral college is nothing more than a shell game at this point. It has no power but to do the will of the people and this only reinforces that, so what was your point again?
     
    Lucifer likes this.
  9. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,041
    Likes Received:
    19,005
    Trophy Points:
    113
    I can give you a list of 50 and you tell me which ones would oppose it and why? I simply cannot think of any reason now that electors are not allowed to vote the way their conscience dictates. And that there is no issue about the black population in the south needing to be disenfranchised from being represented in any particular state (which was another of the "problems" it was originally set to solve.).
     
    Last edited: Jul 6, 2020
  10. Booman

    Booman Banned

    Joined:
    May 19, 2020
    Messages:
    3,161
    Likes Received:
    2,714
    Trophy Points:
    113
    Gender:
    Male
    9-0

    oops.
     
  11. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    I'm not sure that the whole idea was for the electors to be chosen by a popular vote. If that was the case, then why the whole system in the first place? Why do you think that the states set up the presidential election the way it is? Why not just a plebiscite?
     
  12. yardmeat

    yardmeat Well-Known Member

    Joined:
    Aug 14, 2010
    Messages:
    57,343
    Likes Received:
    31,408
    Trophy Points:
    113
    Hm, just curious for curiosity's sake here, since I don't think this will even come up, but wouldn't that mean that they can still cast their vote however they wanted . . . just that they will be punished if they go against the state's guidelines?
     
    Lucifer likes this.
  13. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    I can't think of any that would ratify such an amendment, much less 38 of the sovereign states.
     
  14. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,041
    Likes Received:
    19,005
    Trophy Points:
    113
    I was thinking more about making it better. Not worse. Eliminating voter fraud... absolutely: no more gerrymandering, no more voter suppression. And definitely outlaw all forms of campaign contributions, which is one of the worst sources of election fraud. Make it easier for We The People to exercise our democratic right. Institute online voting, for example.
     
    Last edited: Jul 6, 2020
  15. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Good. So what were they?
     
  16. James California

    James California Well-Known Member Past Donor

    Joined:
    Nov 25, 2019
    Messages:
    11,342
    Likes Received:
    11,473
    Trophy Points:
    113
    Gender:
    Male
    ~ So was I .
     
  17. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,041
    Likes Received:
    19,005
    Trophy Points:
    113
    Why?
     
  18. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    They would be giving up political influence. Just as I can't see 38 states supporting an amendment eliminating the senate.
     
  19. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    That's up to the states to decide - and all of them have decided to do it that way.
    So, again:
    You don't agree that the states have a compelling interest to protect the will of the people as expressed through their right to vote?
     
    Last edited: Jul 6, 2020
  20. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,041
    Likes Received:
    19,005
    Trophy Points:
    113
    Yeah.... but your idea of "better" is Donald Trump.

    I rest my case...
     
    Last edited: Jul 6, 2020
  21. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    No, not really. That's not how the president is chosen.
     
  22. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,041
    Likes Received:
    19,005
    Trophy Points:
    113
    What political influence? Elections are decided by 12 so-called "swing states" (it might change this time, but it will go back to "normal" later). And, in the end, only 4 or 5 actually decide the elections. In all others your vote for President is irrelevant. Right there you have your 38 states (the non swing-states). But I believe this would be a clean sweep. Or very close to it. I'm sure most citizens of states like Florida, Michigan, Ohio... would much rather see real democracy than try to argue that they want to have more influence on who is President than other fellow Americans.
     
    Last edited: Jul 6, 2020
  23. Longshot

    Longshot Well-Known Member

    Joined:
    Jun 15, 2011
    Messages:
    18,068
    Likes Received:
    2,644
    Trophy Points:
    113
    Interesting. So what's the list of states that will ratify?
     
    Last edited: Jul 6, 2020
  24. FAW

    FAW Well-Known Member Past Donor

    Joined:
    Sep 25, 2008
    Messages:
    13,245
    Likes Received:
    3,937
    Trophy Points:
    113
    As computer security gets more and more sophisticated, so do hackers. With that undeniably being the case, how would you ever see online voting being a realistic option? In other words, how could a computer programmer ever declare that their system is infallible, because infallibility is literally what would be required for online voting to be feasible.
     
    Last edited: Jul 6, 2020
  25. Lucifer

    Lucifer Well-Known Member

    Joined:
    May 8, 2014
    Messages:
    13,801
    Likes Received:
    9,554
    Trophy Points:
    113
    Gender:
    Male
    Correct! The states have the right to fine electors who do not vote with their states popular vote.

    Electoral College voters can be forced to back state popular vote winners, Supreme Court says
    ~snip~

    Virtually every state — besides Maine and Nebraska — allocates all of its Electoral College representation to electors who have committed to vote for the winner of the state popular vote. And most states, including Washington and Colorado, have laws that require electors to vote for their pledged candidate. The electors who brought the two cases argued that the enforcement of those laws was unconstitutional.
     
    yardmeat likes this.

Share This Page