8
CHIAFALO v. WASHINGTON
Opinion of the Court
II
As the state court recognized, this Court has considered
elector pledge requirements before. Some seventy years
ago Edmund Blair tried to become a presidential elector in
Alabama. Like all States, Alabama lodged the authority to
pick electors in the political parties fielding presidential
candidates. And the Alabama Democratic Party required a
pledge phrased much like Washington’s today. No one
could get on the party’s slate of electors without agreeing to
vote in the Electoral College for the Democratic presidential
candidate. Blair challenged the pledge mandate. He argued that the “intention of the Founders was that [presidential] electors should exercise their judgment in voting.”
Ray, 343 U. S., at 225. The pledge requirement, he claimed,
“interfere[d] with the performance of this constitutional
duty to select [a president] according to the best judgment
of the elector.” Ibid.
Our decision in Ray rejected that challenge. “Neither the
language of Art. II, §1, nor that of the Twelfth Amendment,” we explained, prohibits a State from appointing only
electors committed to vote for a party’s presidential candidate. Ibid. Nor did the Nation’s history suggest such a bar.
To the contrary, “[h]istory teaches that the electors were
expected to support the party nominees” as far back as the
earliest contested presidential elections. Id., at 228.
“[L]ongstanding practice” thus “weigh[ed] heavily” against
Blair’s claim. Id., at 228–230. And current voting procedures did too. The Court noted that by then many States
did not even put electors’ names on a presidential ballot.
See id., at 229. The whole system presupposed that the
electors, because of either an “implied” or an “oral pledge,”
would vote for the candidate who had won the State’s popular election. Ibid.
Ray, however, reserved a question not implicated in the
case: Could a State enforce those pledges through legal