6
CHIAFALO v. WASHINGTON
Opinion of the Court
backed pledge law designed to keep the State’s electors in
line with its voting citizens. As all States now do, Washington requires political parties fielding presidential candidates to nominate a slate of electors. See Wash. Rev. Code
§29A.56.320(1). On Election Day, the State gives voters a
ballot listing only the candidates themselves.
See
§29A.56.320(2). When the vote comes in, Washington
moves toward appointing the electors chosen by the party
whose candidate won the statewide count. See ibid. But
before the appointment can go into effect, each elector must
“execute [a] pledge” agreeing to “mark [her] ballots” for the
presidential (and vice presidential) candidate of the party
nominating her. §29A.56.084. And the elector must comply
with that pledge, or else face a sanction. At the time relevant here, the punishment was a civil fine of up to $1,000.
See §29A.56.340 (2016).3
This case involves three Washington electors who violated their pledges in the 2016 presidential election. That
year, Washington’s voters chose Hillary Clinton over Donald Trump for President. The State thus appointed as its
electors the nominees of the Washington State Democratic
Party. Among those Democratic electors were petitioners
Peter Chiafalo, Levi Guerra, and Esther John (the Electors). All three pledged to support Hillary Clinton in the
Electoral College. But as that vote approached, they decided to cast their ballots for someone else. The three hoped
they could encourage other electors—particularly those
from States Donald Trump had carried—to follow their example. The idea was to deprive him of a majority of electoral votes and throw the election into the House of Representatives. So the three Electors voted for Colin Powell for
President. But their effort failed. Only seven electors
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3 Since the events in this case, Washington has repealed the fine. It
now enforces pledges only by removing and replacing faithless electors.
See Wash. Rev. Code §29A.56.090(3) (2019).