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Are all electors mandated to reflect their states' votes?

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MissMarple Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 03:27 PM
Original message
Are all electors mandated to reflect their states' votes?
Or can some cast their electoral vote independently? I was thinking that this was discussed as a possibility in 2000.
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Kolesar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 03:29 PM
Response to Original message
1. Some have changed their votes to obscure third party candidates..eom
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TexasBushwhacker Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 03:30 PM
Response to Original message
2. Essentially yes
If they don't vote according to the electoral results of their state, then it gets thrown to the Senate, which has a GOP majority (and Zell Miller!).
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CO Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 03:32 PM
Response to Reply #2
3. Nope - It Goes to the House
Which has a GOP majority (and Tom DeLay).

All the more reason to vote Democratic in all races this year!

:kick:
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cojoel Donating Member (125 posts) Send PM | Profile | Ignore Tue Oct-12-04 03:35 PM
Response to Reply #3
4. no decision by electors goes to the newly elected House
We definitely would need to win there too.
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newyawker99 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 06:20 PM
Response to Reply #4
10. Hi cojoel!!
Welcome to DU!! :toast:
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MousePlayingDaffodil Donating Member (331 posts) Send PM | Profile | Ignore Tue Oct-12-04 03:36 PM
Response to Reply #2
5. That's so wrong that it's difficult to know where to begin.
The following states (and the District of Columbia) have so-called "faithless elector" laws, putatively requiring an elector to cast his or her vote in accordance with the outcome of his or her particular state. But there is nothing in either the U.S. Constitution or in the U.S. Code addressing this matter, and most constitutional scholars are of the opinion that, notwithstanding any penalty that might be leveled against a faithless elector who violated a particular state law, the vote cast by the faithless elector would indeed "count," assuming that everything else were in order.

Alabama (Code of Ala. 17-19-2)
Alaska (Alaska Stat. 15.30.090)
California (Election Code 6906)
Colorado (CRS 1-4-304)
Connecticut (Conn. Gen. Stat. 9-176)
Delaware (15 Del C 4303)
District of Columbia (1-1312(g))
Florida (Fla. Stat. 103.021(1))
Hawaii (HRS 14-28)
Maine (21-A MRS 805)
Maryland (Md Ann Code art 33, 8-505)
Massachusetts (MGL, ch. 53, 8)
Michigan (MCL 168.47)
Mississippi (Miss Code Ann 23-15-785)
Montana (MCA 13-25-104)
Nebraska (32-714)
Nevada (NRS 298.050)
New Mexico (NM Stat Ann 1-15-9)
North Carolina (NC Gen Stat 163-212)
Ohio (ORC Ann 3505.40)
Oklahoma (26 Okl St 10-102)
Oregon (ORS 248.355)
South Carolina (SC Code Ann 7-19-80)
Tennessee (Tenn Code Ann 2-15-104(c))
Utah (Utah Code Ann 20A-13-304)
Vermont (17 VSA 2732)
Virginia (24.2-203)
Washington (RCW 29.71.020)
Wisconsin (Wis Stat 7.75)
Wyoming (Wyo Stat 22-19-108)

The other states have no laws addressing the matter at all.
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Hand Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 04:00 PM
Response to Reply #5
6. Yes, and...
There's already one "faithless elector" on record in WVA--a Repub who sez that if Chimpy carries the state, he won't vote for him in the electoral college.

Some of his colleagues say they're trying to "talk to him..." so he should probably avoid small planes and keep an eye out for a horse's head in his bed...

:grr:
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Bill McBlueState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 04:05 PM
Response to Reply #6
8. that would be incredible
That elector would be a hero (and in a lot of danger) if his or her vote gave a tied election to Kerry. But hopefully it won't come that close.
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Bill McBlueState Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 04:03 PM
Response to Reply #5
7. welcome to DU!
And thanks for a sensible and, as far as I can tell, correct answer to the original question.

Have you read "Why the Electoral College is Bad for America"? It's sort of a dry read, but it covers all these angles in immense detail. The author is George C. Edwards III.
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MissMarple Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 04:13 PM
Response to Original message
9. Thanks guys. Let's hope there are more "faithless" electors.
The case of an elector voting for Kerry instead of George is staying faithful to our democratic ideals. IMHO.

Welcome to DU, MousePlayingDaffodil.
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