Law Professor Edward Foley Analysis of Effect of Disobedient Presidential Elector from Washington State

Election law expert Edward Foley has this detailed, careful, neutral analysis of the consequences if a Washington state Democratic presidential elector refuses to vote for Hillary Clinton on December 19. Thanks to Rick Hasen for the link.


Comments

Law Professor Edward Foley Analysis of Effect of Disobedient Presidential Elector from Washington State — 8 Comments

  1. If I read that correctly, this means that it’s easier said than done for the HRC campaign to have him replaced. Admittedly, I’m decidedly NOT neutral in regards to Robert’s decision. I’m hoping he’s able to stay on as an elector, and make an electoral vote for Jill Stein; he’s Native American, and might view Jill quite favorably given that she supports and protested alongside the Native Americans and activists at Standing Rock. If McMullin doesn’t win Utah, and both Trump and HRC fail to reach 270, Jill could be in the running for the electoral vote, as the House decides between the top three candidates with electoral votes in such an event. This would be an extraordinary situation, and one that would potentially give Jill some leverage in the ensuing negotiations (assuming HRC doesn’t have her and Robert have an “accident”, and is willing to compromise).

    It’s a longshot, even more of a longshot than McMullin winning Utah, but not impossible.

  2. I read from the Washington Post that there is now a second elector from Washington state saying that he will not vote for Hillary. Yesterday’s 538.com prediction had Hillary at 272. If the two from Washington and another one from elsewhere(probably Vermont) became disobedient and Hillary won 272-266, then it goes to the House and the Never Trump forces are in full control.

  3. Kevin, it would still depend on who those faithless electors voted for… If they go for Stein, we’d still probably get Clinton. The House can only choose from the top three electoral vote getters so, if it were Trump, Clinton, Stein my bet is Clinton still gets it.

  4. Andrew but remember the House votes by state with each state having 1 vote (with the congressional delegations from each state holding what would be mini elections to determine who their state votes for).

    It’s not one member one vote.

  5. Who wants Civil WAR II to happen — other than the Clinton and Trump MONSTERS from Hell ???

    See the 1860 minority rule Prez election of A. Lincoln — and the resulting about 750,000 D-E-A-D in 1861-1865 — many dying horrific deaths from gangrene from wounds and camp diseases.

    Means ZERO to the EVIL ruling class of gerrymander oligarchs in the USA and State regimes.

    P.R. and nonpartisan App.V.

  6. ChrisInEngland… Yeah and? The NeverTrump Republican crowd in the House will favor Clinton over Stein and Trump

  7. Andrew

    Are there really that many in the House?

    And they would have to form the majority of each GOP state delegation or have enough votes with the DEM reps in each state to be able to get the state to vote for Clinton

    So take the current Texas delegation for example – 36 reps of which there are 11 Dems. Are there 8 GOP reps willing to vote for Clinton to switch the state vote?

    I don’t think they are.

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