Why Many Commentators Are Wrong to Fear Increase in “Rogue” Presidential Electors if US Supreme Court Says Electors Can Vote for Anyone

There is much commentary from experts who believe that if the U.S. Supreme Court rules that presidential electors are free to vote for any qualified candidate in December, that there will be an increase in electors who “disobey.”  This concern is not well founded.

In many states, the major parties in recent years have been very relaxed and casual about whom they choose to be presidential elector candidates.  But if the U.S. Supreme Court rules in favor of elector freedom, that will change.  Major parties in the future will probably choose presidential elector candidates who are individuals with a long record of service to their political party.  The U.S. Constitution permits state legislators to be presidential electors.  Major parties would be free to choose their elector candidates from the ranks of veteran state legislators from their own party.  Experienced state legislators are known and understood by major party leaders.  Experienced state legislators who have a record would be “safe” choices for the major parties.

So, paradoxically, if the U.S. Supreme Court rules in favor of elector freedom, the consequences are likely to be fewer “disloyal” electors in the future, rather than more.

Minnesota Legislature Passes Bill Allowing Electronic Signatures on Candidate Petitions

On Saturday, May 9, the Minnesota legislature passed HF 3429.  It allows candidate petitions for the general election this year to be collected electronically.

It also gives the qualified parties more time to certify the names of their presidential and vice-presidential nominees, and their presidential elector candidates.  But it does not extend the deadline for unqualified parties and independent candidates.  The bill moves the deadline for the qualified parties from August 11 to August 28.  But the petition deadline for the presidential nominees of unqualified parties, and independent presidential candidates, remains August 18.

New York Trial Court Puts Candidate Back on Primary Ballot Even Though She Had Not Submitted Full Paperwork

On May 8, a New York Supreme Court in Manhattan put Assemblywoman Rebecca Seawright back on the Democratic primary ballot.  See this story.  She had not submitted a cover sheet with her petition.  Precedent in New York state is strong that petitions without cover sheets are invalid.  But the judge said the health crisis, which put Assemblymember Seawright into a quarantine during the primary petitioning period, means that paperwork errors of this type cannot keep candidates off ballots.

The Board of Elections will appeal, as will the Republican Party.  Seawright is a Democrat. The case is Matter of Seawright v Board of Elections in the City of New York, 2020 NY slip op 02900.