The U.S. Supreme Court unanimously ruled Monday that states can require their presidential electors to vote for their party’s nominee for President.  

The National Popular Vote law was not the subject of this lawsuit on faithless presidential electors. However, this decision is an important victory because the Court strongly reaffirmed the power of the states over their electoral votes, and the National Popular Vote law depends on the power of the states.

The Supreme Court ruled:
  • "Article II, section 1’s appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint. As [the Constitution says], each State may appoint electors 'in such Manner as the Legislature thereof may direct.' ... This Court has described that clause as 'conveying the broadest power of determination' over who becomes an elector." 
  • "The Constitution is bare-bones about electors. Article II includes only the instruction to each State to appoint, in whatever way it likes, [its presidential electors]. 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. ... That is all." 
  • "Article II and the Twelfth Amendment give States broad power over electors."

In a concurring opinion, Justices Thomas and Gorsuch wrote:
  • "When the Constitution is silent, authority resides with the States or the people. This allocation of power is both embodied in the structure of our Constitution and expressly required by the Tenth Amendment. ... Nothing in the Constitution prevents States from requiring Presidential electors to vote for the candidate chosen by the people." 
  • "Of course, the powers reserved to the States concerning Presidential electors cannot 'be exercised in such a way as to violate express constitutional commands' [Williams v. Rhodes, 1968]. That is, powers related to electors reside with States to the extent that the Constitution does not remove or restrict that power. Thus, to invalidate a state law, there must be 'something in the Federal Constitution that deprives the [States of] the power to enact such a measure.'” 

See our web site for additional information and link to the decision.

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The National Popular Vote bill will guarantee the Presidency to the candidate who receives the most popular votes in all 50 states and the District of Columbia.