Concerns and issues surrounding the Electoral College and Faithless Electors remain firmly in the spotlight with frightening implications. We’re still just over a year away from the 2020 election, and already alarm bells are sounding. The presidency remains frighteningly open to mischief and manipulation–perhaps more so than in March of 2016 when Faithless Elector debuted.
On October 14 the NY Times reported Faithless Electors’ Could Tip the 2020 Election: Will the Supreme Court Stop Them? At the story’s center, was a petition to the Supreme Court asking for a ruling as to whether so-called Faithless Electors were independent actors or whether the state laws requiring them to vote as pledged were constitutional. The petitioners noted that in the 2016 Presidential Election, there were seven (7!) such defections. Thus far in our history, no Faithless Elector(s) has ever changed what might be regarded as the result of a presidential election. But as the petition points out:
“A swing by that same number of electors  would have changed the results in five of fifty-eight prior presidential elections” [emphasis mine].
Two weeks later, Charles Lane, writing in the Washington Post, posited “A Nightmare Scenario for 2020: A Tie that Can’t be Broken.” (It should be noted that Lane’s “scenario” ought to have come along with a royalty check to me–his opening paragraphs describe my first two thrillers, Faithless Elector and Dark Network very closely. 🙂 )
This past Friday (Nov. 1), Brookings described the problematic electoral college math in the impeachment proceedings thus far: The States that will Decide the 2020 Election Oppose Impeaching Trump. Once again, even though majorities favor the proceedings, the opinions of staunch Republican voters in the likely swing states of AZ, FLa, MI, NC, PA and WI oppose impeachment and removal by an average of 52%. While that could change as more comes out, it is well to note that electoral math is once again not on the side of the majority.
Worse, as my thrillers point out, the Electoral College is ripe for mischief. A very close election, like the 2000 Bush-Gore election (where only 5 Electoral votes–271-266–separated the two candidates) could be disastrous for the nation. And, there was a Faithless Elector in that election, too–Barbara Lett-Simmons, a DC Elector–who did not cast her vote for Gore in protest of the District’s lack of representation in Congress. If four Electors had defected to Gore over the Florida recount debacle, he’d have won.
The recent petition, probably with the 2000 election in mind–and the Bush v. Gore Supreme Court decision halting the Florida recount specifically–notes that: “the demographics of the United States indicate that contests will become even closer, [and] there is a significant probability that such swings could force this Court to resolve the question of electoral freedom within the context of an ongoing contest.”
That is to say, if the Supreme Court does not take the case or does not issue a ruling, we could be arguing the validity of a result in the midst of the election.
It gets worse. A more perfect nightmare would be if in 2000 only 1 or 2 had defected, leaving neither candidate with a clear 270-vote majority. As is provided in the constitution, when there is no clear majority, Congress chooses the president–with each state delegation having only 1 vote.
A set of bad actors, who wanted to sow greater distrust in the voting process and undermine the integrity of the nation and its laws couldn’t dream of a better scenario– overturning a close election for their own purposes…leaving We the People entirely out of the process, and a nation lacking “the consent of the governed.”
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James McCrone is the author of the Imogen Trager political suspense-thrillers Faithless Elector and Dark Network , about a stolen presidency, a conspiracy, and a nation on edge. The third book, Emergency Powers, is coming soon, and he’s at work on a fourth book called Bastard Verdict (w/t) .
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