Electoral College Voting

"Faithless Electors" It turns out there is no federal law that requires an elector to vote according to their pledge (to their respective party). And so, more than a few electors have cast their votes without following the popular vote or their party. These electors are called "faithless electors." In response to these faithless electors' actions, several states have created laws to enforce an elector's pledge to his or her party vote or the popular vote. Some states even go the extra step to assess a misdemeanor charge and a fine to such actions. For example, the state of North Carolina charges a fine of $10,000 to faithless electors. It's important to note, that although these states have created these laws, a large number of scholars believe that such state-level laws hold no true bearing and would not survive constitutional challenge.

The final electors for each state are voted on by the state's residents on voting day. In many states, the electors' names are printed on the ballots -- where those names "sit" depends on the state. For example, the electors could be listed directly under the presidential candidates' names (Democrats with the Democratic nominee, Libertarians with the Libertarian nominee, Republicans with the Republican nominee and so on) or simply grouped by party somewhere else on the ballot. And, of course, the names might not even be listed at all. Essentially, it is the electors who get voted "in" who end up casting the "real" vote. Hold on, it seems like the last two sentences don't go together, "How can someone be voted "in" if they're not even on a ballot?" Consider this information from the Department of the Secretary of State for North Carolina:

Under North Carolina General Statute § 163-209, the names of candidates for electors of President and Vice-President nominated by any political party recognized in this State under North Carolina General Statute § 163-96 or by any unaffiliated candidate for President of the United States who has qualified to have his name printed on the general election ballot under North Carolina General Statute § 163-122 must be filed with the Secretary of State. A vote for the candidates for President and Vice-President named on the ballot is a vote for the electors of the party or unaffiliated candidate by which those candidates for elector were nominated and whose names have been filed with the Secretary of State.

The key is this part, "A vote for the candidates for President and Vice-President named on the ballot is a vote for the electors..." This is the case for 48 states -- it's known as the "winner-take-all system." The other system, known as the "district system," is observed in both Maine and Nebraska. In these states, two electors' votes are made based on the candidate who received the most votes statewide. The remaining electoral votes go by congressional districts, awarding the vote to the candidate who received the most votes in each district.

Now, in regard to "winner-take-all" states, keep in mind what we said in the last section: Most of the time, electors cast their votes for the candidate who has received the most votes in that particular state. However, there have been times when electors have voted contrary to the people's decision, which is entirely legal. Although if you do vote against your party, you'll most likely be simultaneously forfeiting your post as elector and you may even incur a hefty fine -- see the sidebar on faithless electors.