#538 Faithful Electors

Historical Election Results

Muhammad Ali and Mike Tyson are citizens of United States and they are discussing about the Presidential Election.

There had been around 50 presidential elections. On an average of 300 electors per election, historically,  there had been 50x300 = 15,000 electors.  Out of that, only 157 faithless electors. Not bad at all.

In order to prevent Electors from voting only for a "favorite son or daughter" of their own State, each Elector was required to cast two votes for president, at least one of which had to be for someone outside their home State. 

In that case, 31 Electors from NewYork in the current presidential election cannot cast their vote to either Donald Trump or Hillary Clinton.  Electors from New York may need to vote for Mike Pence or Tim Kaine.

That issue was resolved by the 12th Amendment. The 12th Amendment requires that each Elector cast one vote for president and a separate vote for vice president rather than casting two votes for president.

Two votes cannot be for candidates from the same state. 31 Electors from New York would cast one vote for Donald Trump and another vote for Mike Pence.

Likewise, Eleven Electors from Indiana would cast one vote for Donald Trump and another vote for Mike Pence.
  

The Manner of Choosing Electors 

Maine & Nebraska
Maine and Nebraska choose the Electors from each Congressional District. The actual election of President/Vice President occurs through the Electoral College. 

The “popular vote” is used to choose Maine’s 4 Electors, who convene at what is called the “Electoral College” at the State House in December to cast their “electoral votes.”

Maine has two Congressional districts. In 2012, the Presidential Electors were,

• Diane Denk of Kennebunk representing the 1st Congressional District
• Marianne Stevens of Kingfield representing the 2nd District, and 
• Craig Hickman of Winthrop and 
• Jill Duson of Portland.

Nebraska

(1) The Governor shall provide each presidential elector with a list of all the presidential electors. If any presidential elector is absent or if there is a deficiency in the proper number of presidential electors, those present shall elect from the citizens of the state so many persons as will supply the deficiency and immediately issue a certificate of election, signed by those present or a majority of them, to the person or persons so chosen. In case of failure to elect as required in this subsection by 3 p.m. of such day or in case of a vacancy created under subsection (4) of this section, the Governor shall fill the vacancies by appointment. Each appointee shall execute the pledge in section 32-713. 

After all vacancies are filled, the 5 presidential electors shall proceed with the election of a President of the United States and a Vice President of the United States and certify their votes in conformity with the Constitution and laws of the United States.

(2) The Secretary of State shall provide each presidential elector with a presidential and vice-presidential ballot. Each at-large presidential elector shall mark his or her ballot for the presidential and vice-presidential candidates who received the highest number of votes in the state and consistent with his or her pledge. Each congressional district presidential elector shall mark his or her ballot for the presidential and vice-presidential candidates who received the highest number of votes in his or her congressional district and consistent with his or her pledge.

(3) Each presidential elector shall present the completed ballot to the Secretary of State. The Secretary of State shall examine each ballot and accept as cast each ballot marked by a presidential elector consistent with his or her pledge. The Secretary of State shall not accept and shall not count the ballot if the presidential elector has not marked the ballot or has marked the ballot in violation of his or her pledge.

(4) A presidential elector who refuses to present a ballot, who attempts to present an unmarked ballot, or who attempts to present a ballot marked in violation of his or her pledge vacates the office of presidential elector.

In the current system, the electors could cast their vote in any combinations. Here are the few worst case scenarios.

Let us consider 538 altogether. 538 Electors cast two votes
The best case scenario:

• 538 for Donald Trump as the President
• 538 for Mike Pence for the Vice President

Another best case scenario:

• 538 for Hillary Clinton for the President
• 538 for Tim Kaine for the Vice President

Here comes a list of worst case scenarios.

Case 1:

• 538 for Mike Pence for the President
• 538 for Donald Trump for Vice President

Case 2:

• 538 for Tim Kaine for the President
• 538 for Hillary Clinton for Vice President

Case 3:

• 538 for Mike Pence for the President
• 538 for Tim Kaine for Vice President

Case 4:

• 538 for Mike Pence for the President
• 538 for Ted Cruz for Vice President

This case will not be considered as "Faithless Electors." Even Nebraska cannot disqualify the electors. The electors are pledged to the party only; not to any individual; and definitely not for any post as President or Vice President.

Both candidates have equal chance to become the President. Only after oath ceremony, you will certainly say, this person is the President of United States.

The 538 Presidential Electors have so much authority and power. They could elect any citizen of United States as the President and Vice President. 

For instance, Clint Eastwood supports Republican and Meryl Streep supports Democrats. Both didn't participate in primary and not nominated by the convention. 

If the Presidential Electors come to an understanding, they could cast:

• 538 for Meryl Streep for the President of United States
• 538 for Clint Eastwood for the Vice President of United States.

So far, historically, the Presidential Electors have been behaving good and have not misused their power. But, you cannot assume that they will always reflect the voting pattern of the general public.

Hillary Clinton has greater control over Democratic party. But, Donald Trump may not have that kind of control over Republican party. People may vote for Donald Trump; but the Presidential Electors may not.

One good thing is, the Senators and House of Representatives cannot enter into the Electoral College. Otherwise, it was obvious many Senators would not vote for Donald Trump. Senator Ted Cruz will never vote for Trump.

The democracy is in a greater mess. Either respect and honor the Constitution, or amend the Constitution to fit to your wants and needs. You cannot continue with misinterpretation of the Constitution. 

The fact is, Constitution is in crisis.