Electoral College Question

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  • #21012

    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?


    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.


    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)


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


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