Electoral College Electors Can Be Punished For Going Rogue, Must Vote As States Direct, Supreme Court Rules

Members of the 538-person Electoral College who cast their vote for the president in December may not be allowed to "go rogue," and must vote as the laws of their states direct, the Supreme Court ruled Monday. The Court ruled that states can punish “faithless electors” who vote against the winner of the state’s popular vote.

In the 2016 election, 10 of the 538 presidential electors were faithless electors and voted against the winner of their state’s popular vote. Although there are laws to discourage faithless electors, no state so far has punished or removed an elector for going rogue.

The decision was ruled unanimously by the Court. Advocates in favor of changing the Electoral College may view the ruling as a loss, while state election officials concerned about chaotic rogue electors will likely cheer the Court’s decision.

"Today, we consider whether a State may also penalize an elector for breaking his pledge and voting for someone other than the presidential candidate who won his State's popular vote. We hold that a State may do so," Justice Elena Kagan said about the ruling.

Although Americans vote for candidates in the November presidential election, it is not actually a direct vote. By voting for a candidate, voters are casting a ballot for an elector.

In the past two decades, there have been two instances where the winner of the popular vote lost the election because they did not have the 270 electoral votes to win the White House. In 2016, Republican candidate Donald Trump lost the popular vote by about 2.9 million votes to Democratic candidate Hillary Clinton but won in the Electoral College with 304 electoral votes to Clinton’s 227.

Trump has previously praised the Electoral College despite calling it a disaster in 2012.

“The Electoral College is actually genius in that it brings all states, including the smaller ones, into play,” Trump tweeted in November 2016, shortly after his victory.

In 2000, Republican candidate George W. Bush beat Democratic challenger Al Gore by five electoral votes, while Gore won the popular vote.