Faithless electors and the will of the people

Aug 04, 2020

Do members of the Electoral College have the right to be "faithless" and vote against the popular vote of the state they represent? In 2016 there were 10 such cases of "faithless electors" during the contentious and controversial election of Donald Trump. With the 2020 election just months away, the Supreme Court has unanimously decided that states can require that electors vote for the candidate chosen by the voters of the state they represent. What does this decision mean for the 2020 presidential election and for the future of the Electoral College? Will this help lead to the adoption of a national popular vote? Loyola Law School professor Jessica Levinson moderates a panel including UC Berkeley dean and legal scholar Erwin Chemerinsky and USC professor and election law scholar Franita Tolson. Hammer Forum is made possible by the Rosenbloom Family