Cite as: 591 U. S. ____ (2020)
9
Opinion of the Court
sanctions? See id., at 230. Or would doing so violate an
elector’s “constitutional freedom” to “vote as he may choose”
in the Electoral College? Ibid. Today, we take up that question. We uphold Washington’s penalty-backed pledge law
for reasons much like those given in Ray. The Constitution’s text and the Nation’s history both support allowing a
State to enforce an elector’s pledge to support his party’s
nominee—and the state voters’ choice—for President.
A
Article II, §1’s appointments power gives the States farreaching authority over presidential electors, absent some
other constitutional constraint.4 As noted earlier, each
State may appoint electors “in such Manner as the Legislature thereof may direct.” Art. II, §1, cl. 2; see supra, at 2.
This Court has described that clause as “conveying the
broadest power of determination” over who becomes an
elector. McPherson v. Blacker, 146 U. S. 1, 27 (1892).5 And
the power to appoint an elector (in any manner) includes
power to condition his appointment—that is, to say what
the elector must do for the appointment to take effect. A
State can require, for example, that an elector live in the
State or qualify as a regular voter during the relevant time
period. Or more substantively, a State can insist (as Ray
allowed) that the elector pledge to cast his Electoral College
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4 Checks on a State’s power to appoint electors, or to impose conditions
on an appointment, can theoretically come from anywhere in the Constitution. A State, for example, cannot select its electors in a way that violates the Equal Protection Clause. And if a State adopts a condition on
its appointments that effectively imposes new requirements on presidential candidates, the condition may conflict with the Presidential Qualifications Clause, see Art. II, §1, cl. 5.
5 See also U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 805 (1995)
(describing Article II, §1 as an “express delegation[ ] of power to the
States”); but see post, at 2 (THOMAS, J., concurring in judgment) (continuing to press the view, taken in the Thornton dissent, that Article II, §1
grants the States no power at all).