10
CHIAFALO v. WASHINGTON
Opinion of the Court
ballot for his party’s presidential nominee, thus tracking
the State’s popular vote. See Ray, 343 U. S., at 227 (A
pledge requirement “is an exercise of the state’s right to appoint electors in such manner” as it chooses). Or—so long
as nothing else in the Constitution poses an obstacle—a
State can add, as Washington did, an associated condition
of appointment: It can demand that the elector actually live
up to his pledge, on pain of penalty. Which is to say that
the State’s appointment power, barring some outside constraint, enables the enforcement of a pledge like Washington’s.6
And nothing in the Constitution expressly prohibits
States from taking away presidential electors’ voting discretion as Washington does. The Constitution is barebones
about electors. Article II includes only the instruction to
each State to appoint, in whatever way it likes, as many
electors as it has Senators and Representatives (except that
the State may not appoint members of the Federal Government). The Twelfth Amendment then tells electors to meet
in their States, to vote for President and Vice President separately, and to transmit lists of all their votes to the President of the United States Senate for counting. Appointments and procedures and . . . that is all. See id., at 225.
The Framers could have done it differently; other constitutional drafters of their time did. In the founding era, two
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6 The concurring opinion would have us make fine distinctions among
state laws punishing faithless voting—treating some as conditions of appointment and others not, depending on small semantic differences. See
post, at 6–9 (distinguishing, for example, between Oklahoma’s law fining
an elector for violating his oath (to vote for his party’s candidate) and
Washington’s law fining an elector for not voting for his party’s candidate
(whom he took an oath to support)). The Electors themselves raised no
such argument, and they were right not to do so. No matter the precise
phrasing, a law penalizing faithless voting (like a law merely barring
that practice) is an exercise of the State’s power to impose conditions on
the appointment of electors. See Ray v. Blair, 343 U. S. 154, 227 (1952).