Faithless Electors and the Future of the Electoral College

Over the summer, the Supreme Court decided the case of Chiafalo v. Washington about whether a state could remove or sanction a presidential elector for casting a ballot contrary to the expressed will of the voters of the state. According to the Court, it can. On Monday, presidential electors will cast ballots for president, and it will be interesting to see whether there are any faithless electors this cycle. Yet the Chiafalo decision brings up what is perhaps a more important question: can the states voluntarily enter a compact to award their votes to the winner of the national popular vote? Could they use the Electoral College to enact a national popular vote? Conversation about just that question has already begun to pick up.