The Supreme Court unanimously ruled Monday that states can penalize faithless electors, the members of the Electoral College who do not support the winner of their state’s popular vote in a presidential election.
Why it matters: The 2016 presidential election saw 10 electors vote for someone other than their state’s chosen candidate — highlighting how faithless electors could have the potential to swing an election.
- 32 states and Washington, D.C. require their electors to cast their Electoral College votes for the winner of their respective statewide popular vote.
- Before 2016, a modern presidential election had never seen more than one faithless elector — prompting states to move ahead with their legal challenge.