Defecting Electors have never been prosecuted and/or fined for failing to vote according to the state popular vote (which is why there is some uncertainty as to how legally binding Elector laws and pledges are). Three Electors defected in the last seven elections in the Twentieth Century: in 1972, a Republican Elector voted for Libertarian John Hospers instead of Richard Nixon, in 1976, a Republican Elector voted for Ronald Reagan instead of Gerald Ford, and in 1988, a Democratic Elector voted for Lloyd Bentsen instead of Michael Dukakis. According to the National Archives, the "Supreme Court has held that the Constitution does not require that electors be completely free to act as they choose." But, the Court "has not specifically ruled on the question of whether pledges and penalties for failure to vote as pledged may be enforced under the Constitution."
Copyright © 2001 by Richard Warren Field
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