Cite as: 591 U. S. ____ (2020)
7
Opinion of the Court
across the Nation cast faithless votes—the most in a century, but well short of the goal. Candidate Trump became
President Trump. And, more to the point here, the State
fined the Electors $1,000 apiece for breaking their pledges
to support the same candidate its voters had.
The Electors challenged their fines in state court, arguing
that the Constitution gives members of the Electoral College the right to vote however they please. The Washington
Superior Court rejected the Electors’ claim in an oral decision, and the State’s Supreme Court affirmed that judgment. See In re Guerra, 193 Wash. 2d 380, 441 P. 3d 807
(2019). The court relied heavily on our decision in Ray v.
Blair upholding a pledge requirement—though one without
a penalty to back it up. See 193 Wash. 2d, at 393–399, 441
P. 3d, at 813–816. In the state court’s view, Washington’s
penalty provision made no difference. Article II of the Constitution, the court noted, grants broad authority to the
States to appoint electors, and so to impose conditions on
their appointments. See id., at 393, 395, 441 P. 3d, at 813,
814. And nothing in the document “suggests that electors
have discretion to cast their votes without limitation or restriction by the state legislature.” Id., at 396, 441 P. 3d, at
814.
A few months later, the United States Court of Appeals
for the Tenth Circuit reached the opposite conclusion in a
case involving another faithless elector. See Baca v. Colorado Dept. of State, 935 F. 3d 887 (2019). The Circuit Court
held that Colorado could not remove the elector, as its
pledge law directs, because the Constitution “provide[s]
presidential electors the right to cast a vote” for President
“with discretion.” Id., at 955.
We granted certiorari to resolve the split. 589 U. S. ___
(2020). We now affirm the Washington Supreme Court’s
judgment that a State may enforce its pledge law against
an elector.