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echo: barktopus
to: James Adams
from: Gene McAloon
date: 2003-12-23 12:26:06
subject: Re: Saddam is toast

From: Gene McAloon 

On Tue, 23 Dec 2003 08:20:29 -0500, James Adams  wrote:

>> As to "faithless electors", there are 26 states (plus
the District of
Columbia)
>> which do have requirements as to "faithfulness".
>>
>
>Vaguely remember discussing this in a college PoliSci class.  Don't
>believe it's ever been challenged in court.  An argument could be made
>that you cannot force an elector to vote a certain way.  Also, how would
>you enforce it.  If an elector voted for a different candidate could you
>arrest him?  Replace him?

If an elector's state law forbids him to vote for anyone but his party's
candidate, then he must or his vote could be invalidated. Also he could be
fined
or whatever the state's law defines as suitable punishment.

It is all a rather murky issue if only because defections happen so seldom. Even
then, some states require a party vote, but only on the first ballot, the
elector being free to vote as he chooses on subsequent ballots. Keep in
mind too
that the electors are not necessarily a group of independent-minded types. Since
they are chosen by their party, party discipline applies and is enforced by
one or more party stalwarts among them. Defection is not really an issue.

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