State Faithless Elector Laws

By: Kristin Sullivan, Chief Analyst January 11, 2021 | 2021-R-0023

Issue What are faithless elector laws and which states have them? What is the Uniform Faithful Presidential Electors Act?

Summary The U.S. Constitution requires a group of presidential electors, nominated by the voters of each state, to elect the country’s president and vice president. It also gives each state the authority to appoint its electors “in such Manner as the Legislature thereof may direct,” (U.S. Const. Art. II, § 1). Many states have enacted so-called “faithless elector” laws, which are laws that are intended to ensure that electors vote for candidates belonging to the political party that nominated them.

Over 30 states, including Connecticut, and D.C. have faithless elector laws. Generally, these laws either require presidential electors to (1) cast their votes for their party’s nominees for president and vice president (i.e., in accordance with their state’s voters) or (2) sign a pledge indicating that they will do so. Of significance, the U.S. Supreme Court has upheld such pledge requirements, including a state’s ability to enforce an elector’s pledge to support his or her party’s nominee—and the state voters’ choice—for president (Ray v. Blair, 72 S.Ct. 654 (1952) and Chiafalo et al. v. Washington, 140 S.Ct. 2316 (2020)).

Of the states with faithless elector laws, roughly half impose some sort of sanction on presidential electors for breaking their pledge. Specifically, almost all the states that impose a sanction remove a faithless elector and substitute a replacement whose vote the state reports instead. A few of these states impose a monetary fine on faithless electors and at least two, New Mexico and South Carolina, subject them to a criminal penalty. Connecticut requires its presidential electors to cast their ballot for the candidates under whose names they ran on the official ballot, but it does not penalize them for failing to do so (CGS § 9-176). www.cga.ct.gov/olr Connecticut General Assembly (860) 240-8400 [email protected] Office of Legislative Research Room 5300 Stephanie A. D’Ambrose, Director Legislative Office Building

The Uniform Law Commission released the Uniform Faithful Presidential Electors Act in 2010. The act requires presidential electors to pledge to vote for their party’s nominees for president and vice president, and for them to be replaced with an alternate if they do not vote as pledged. According to the Uniform Law Commission, the following six states have adopted the act: Indiana, Minnesota, Montana, Nebraska, Nevada, and Washington.

State Faithless Elector Laws The table below lists the states we identified as having faithless elector laws. It also indicates which states impose a sanction on faithless electors by either substituting a replacement or imposing a monetary fine or criminal penalty.

Overview of State Faithless Elector Laws State Remove and Replace Monetary Fine or (citation) Faithless Elector? Criminal Penalty? Alabama No No (Ala. Code § 17-14-31) Alaska No No (Alaska Stat. § 15.30.090) Arizona Yes No (Ariz. Rev. Stat § 16-212) No Yes, subject to a fine of (Cal. Elec. Code §§ 6906 and 18002) up to $1,000, imprisonment for up to three years, or both Yes No (Colo. Rev. Stat. § 1-4-304) Connecticut No No (Conn. Gen. Stat. § 9-176) Delaware No No (Del. Code Ann. tit. 15, § 4303(b)) District of Columbia No No (D.C. Code § 1-1001.08(g)) Florida No No (Fla. Stat. § 103.021(1))

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Table (continued) State Remove and Replace Monetary Fine or (citation) Faithless Elector? Criminal Penalty? Hawaii No No (Haw. Rev. Stat. § 14-28) Indiana* Yes No (Ind. Code §§ 3-10-4-1.7 and 3-10-4-9) Iowa Yes No (Iowa Code §§ 54.5, and 54.8) Maine Yes No (Me. Rev. Stat. Ann. tit. 21-A, § 805(2)) Maryland No No (Md. Code Ann., Elec. Law § 8-505) Massachusetts No No (Mass Gen. Laws ch. 53, § 8) Michigan Yes No (Mich. Comp. Laws § 168.47) Minnesota* Yes No (Minn. Stat. § 208.46) Mississippi No No (Miss. Code Ann. § 23-15-785) Montana* Yes No (Mont. Code Ann. § 13-25-307) Nebraska* Yes No (Neb. Rev. Stat. § 32-714(3)) Nevada* Yes No (Nev. Rev. Stat. § 298.075(2)) New Mexico No Yes, guilty of a 4th degree (N.M. Stat. Ann. § 1-15-9) felony Yes Yes, subject to a $500 (N.C. Gen. Stat. § 163-212) penalty Ohio No No (Ohio Rev. Code § 3505.40)

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Table (continued) State Remove and Replace Monetary Fine or (citation) Faithless Elector? Criminal Penalty? Yes Yes, guilty of a (Okla. Stat. tit. 26, § 10-102, § 10-109) misdemeanor and subject to fine of up to $1,000 Oregon No No (Or. Rev. Stat. § 248.355(2)) South Carolina No Yes, guilty of violating (S.C. Code Ann. § 7-19-80) election laws and subject to criminal action by the attorney general Tennessee No No (Tenn. Code Ann. § 2-15-104(c)) Utah Yes No (Utah Code Ann. § 20A-13-304) Vermont No No (Vt. Stat. Ann. tit. 17, § 2732) No No (Va. Code Ann. § 24.2-203) Washington* Yes No (Wash. Rev. Code § 29A.56.090) Wisconsin No No (Wis. Stat. § 7.75(2)) Wyoming No No (Wyo. Stat. Ann. § 22-19-108) Sources: NCSL and FairVote *Adopted the Uniform Faithful Presidential Electors Act

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