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No Constitutional provision or Federal law requires electors to vote in accordance with the popular vote in their State.
Most of the time, electors cast their votes for the candidate who has received the most votes in that particular state. Some states have laws that require electors to vote for the candidate that won the popular vote, while other electors are bound by pledges to a specific political party. However, there have been times when electors have voted contrary to the people's decision, and there is no federal law or Constitutional provision against it.
In 21 states, electors are not obligated by law to vote for the candidate for whom they were selected. In the 29 states where electors are obligated by law or pledge, they can often still vote against their party without being replaced. Some states issue only minimal fines as punishment. Other states instigate criminal charges varying from a simple misdemeanor to a 4th degree felony.
Originally posted by Southern Guardian
reply to post by whyamIhere
WhyamIhere, I am fairly confident that if a third party candidate wins in 2012, electors will vote accordingly. It is suicide for any person in the position of the elector, to willingly cast a vote against what would be an historical election change. The third parties do have a chance, it just a matter of the american people waking up to the reality that it's not just the red and blue pill they have to pick from.
Originally posted by mvymvy
In 2012, The National Popular Vote bill could guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC).
Every vote, everywhere, would be politically relevant and equal in presidential elections.
Under the National Popular Vote bill, all the electoral votes from all the states that have enacted the bill would be awarded, as a bloc, to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia. The bill would take effect only when enacted by states possessing a majority of the electoral votes — that is, enough electoral votes to elect a President (270 of 538).
The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for president. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action.
The bill has passed 31 state legislative chambers, in 21 small, medium-small, medium, and large states, including one house in AR, CT, DE, DC, ME, MI, NV, NM, NY, NC, and OR, and both houses in CA, CO, HI, IL, NJ, MD, MA ,RI, VT, and WA . The bill has been enacted by DC, HI, IL, NJ, MD, MA, VT, and WA. These 8 jurisdictions possess 77 electoral votes — 29% of the 270 necessary to bring the law into effect.