[lambowolf]

Howdy Professors!

Say for sake of argument…

Hillary wins the election. However, she dies before the Electoral College officially meets. I am assuming the electors would be freed up to vote as they see fit.

Would they feel compelled to for Tiny Tim or could go for Biden or Warren? Someone else?

[gutzmank]

This has never happened, of course, but electors are free to vote for whom they will, and one supposes that Democrats in your scenario would coalesce behind an alternative candidate.

[dccmd]

Basic proper terminology: The word “College” does not appear in the Constitution and should not be used in discussing the constitutional presidential election process; it implies a more unified process than the Framers intended. We should use the term “presidential electors” instead whenever we discuss any matter concerning that process.

Constitutional provision: The Constitution gives each state legislature the absolute prerogative to determine how the presidential electors allotted to that state are to be chosen; no constitutional limitations are placed on the legislatures. Therefore, it is constitutionally in order (not necessarily wise) for a legislature to designate a “bound electors” process and provide a legal penalty for “faithless electors”; this is is a significant limitation on presidential elector freedom to choose.

Daniel Clyde Cummings
Constitution Party presidential candidate (not final nominee)
dccmd@hotmail.com

[gutzmank]

The term “Electoral College” has long been used in the U.S. Code in reference to the electors.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section4&num=0&edition=prelim

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