[EL] 3 Electoral College members may pass on GOP ticket / Uniform Faithless Presidential Electors Act

[Beckel, Michael]

Update from Iowa: The elector who stated an intent to vote for Ron Paul has resigned, the Des Moines Registrar reports<http://www.desmoinesregister.com/viewart/20120914/NEWS09/120913029/Iowan-resigns-as-elector-after-pledging-vote-for-Ron-Paul?odyssey=tab|topnews|text|Frontpage>.

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of John Koza
Sent: Thursday, September 13, 2012 12:55 PM
To: 'Derek Muller'; 'Election Law'
Subject: Re: [EL] 3 Electoral College members may pass on GOP ticket / Uniform Faithless Presidential Electors Act

Today's AP story by Mike Baker should remind people of the merits of the "Uniform Faithless Presidential Electors Act" proposed in 2010 by the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws).  The Conference, formed in 1892, is a non-governmental body that has produced more than 200 recommended uniform states laws (e.g., the Uniform Commercial Code).

The Uniform Faithful Presidential Electors Act has many of the features of North Carolina's existing law concerning voting by presidential electors. The proposed uniform law calls for the election of both electors and alternate electors. The Act has a state-administered pledge of faithfulness. Any attempt by a presidential elector to cast a vote in violation of that pledge effectively constitutes resignation from the office of elector. The Act provides a mechanism for immediately filling of a vacancy created for that reason (or any other reason).

Montana has enacted the Uniform Faithful Presidential Electors Act.


Dr. John R. Koza
Box 1441
Los Altos Hills, California 94023 USA
Phone: 650-941-0336
Fax: 650-941-9430
Email: john at johnkoza.com<mailto:john at johnkoza.com>
URL: www.johnkoza.com<http://www.johnkoza.com>
URL: www.NationalPopularVote.com<http://www.NationalPopularVote.com>

From: Derek Muller [mailto:derek.muller at gmail.com]
Sent: Thursday, September 13, 2012 8:46 AM
To: Election Law
Subject: [EL] 3 Electoral College members may pass on GOP ticket

>From the AP here<http://www.google.com/hostednews/ap/article/ALeqM5gdGQC3sPvW6fAJ9kF3DXqWx4nvnw?docId=d88bb39bc47949b89cfe400d7b07bece>.

I assume it's quite state-specific as to what power the parties have to replace electors as this point--indeed, recall the Sherrod Brown incident<http://electionlawblog.org/archives/002241.html> in 2004 that was averted because he resigned and the party could select a replacement. But I thought it was worth flagging. There have been, after all, incidents of canvassing electors after the election but before the electors cast their votes; and the surveys of Robert M. Alexander, "Lobbying the Electoral College: The Potential for Chaos" in Electoral College Reform (Gary Bugh ed. 2010), provide for some great detail.

Best,

Derek

Derek T. Muller
Associate Professor of Law
Pepperdine University School of Law
24255 Pacific Coast Hwy.
Malibu, CA 90263
+1 310-506-7058<tel:%2B1%20310-506-7058>
SSRN Author Page: http://ssrn.com/author=464341<https://webmail.pepperdine.edu/owa/redir.aspx?C=29ae10151b4a4ac692bb6f658bc0bf17&URL=http%3a%2f%2fssrn.com%2fauthor%3d464341>
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