16
CHIAFALO v. WASHINGTON
Opinion of the Court
Rawle explained how the Electoral College functioned:
“[T]he electors do not assemble in their several states for a
free exercise of their own judgments, but for the purpose of
electing” the nominee of “the predominant political party
which has chosen those electors.” A View of the Constitution of the United States of America 57 (2d ed. 1829). Looking back at the close of the century, this Court had no doubt
that Story’s and Rawle’s descriptions were right. The electors, the Court noted, were chosen “simply to register the
will of the appointing power in respect of a particular candidate.” McPherson, 146 U. S., at 36.
State election laws evolved to reinforce that development,
ensuring that a State’s electors would vote the same way as
its citizens. As noted earlier, state legislatures early
dropped out of the picture; by the mid-1800s, ordinary voters chose electors. See supra, at 4. Except that increasingly, they did not do so directly. States listed only presidential candidates on the ballot, on the understanding that
electors would do no more than vote for the winner. Usually, the State could ensure that result by appointing electors chosen by the winner’s party. But to remove any doubt,
States began in the early 1900s to enact statutes requiring
electors to pledge that they would squelch any urge to break
ranks with voters. See supra, at 5. Washington’s law, penalizing a pledge’s breach, is only another in the same vein.
It reflects a tradition more than two centuries old. In that
practice, electors are not free agents; they are to vote for the
candidate whom the State’s voters have chosen.
The history going the opposite way is one of anomalies
only. The Electors stress that since the founding, electors
have cast some 180 faithless votes for either President or
Vice President. See Brief for Petitioners 7. But that is 180
out of over 23,000. See Brief for Republican National Committee as Amicus Curiae 19. And more than a third of the
faithless votes come from 1872, when the Democratic
Party’s nominee (Horace Greeley) died just after Election