Crosscut, a non-partisan on-line news service in Washington state, has this article about the two lawsuits still pending on whether states can punish or replace presidential electors who voted for someone other than the person who received the most popular votes in their own state.
The article also explains how irrational it was for the Washington state legislature this year to pass a bill to replace “disobedient” electors, while the Washington State Supreme Court still hasn’t issued its opinion on whether the U.S. Constitution gives electors the freedom to vote for any qualified candidate.
The article quotes Washington State Senator Patty Kuderer as saying that, “so far”, all the courts have ruled that states can control electors. Actually, no court has yet ruled that states may do that. All of the lower court opinions on this issue have ducked the issue, by saying the cases were moot, or that the electors don’t have standing. Kuderer is also wrong to say, “I don’t think that’s what the Constitution ever intended (in reference to whether presidential electors have freedom of choice).” It is clear from the debate at the 1787 constitutional convention that the founders expected the electors to make their own enlightened choice on who should be president.