Tuesday, November 29, 2016
Speaking of Electoral College Voting . . . Delahunty on the Uniform Faithless Electors Act
Prof. Robert Delahunty (St. Thomas) argues in his Cardozo De Novo piece that the Uniform Faithless Electors Act is unconstitutional. That Act, enacted in several states, says that a "faithless elector" ballot cannot be counted, and that a "faithless elector" immediately vacates the office of elector when he or she submits the "faithless" ballot. This creates a vacancy that the legislature can fill with a "faithful elector."
Delahunty argues that this runs afoul of Article II, Section 1, and the First Amendment. Read it to see why.