Interview: Will the Court’s decision on electors prevent (at least some) election mayhem?
Paul Smith: “Certainly states are not required to do anything. They could if they thought it was a good idea, send electors to vote without having had a presidential election in the state at all. And they can turn -- make them discretionary. But in terms of what states have done is, most states, 32 at least, have required formal pledges that the elector will follow the outcome of the election. And 15, I think Justice Kagan's opinion said, have these sanctions that make it enforceable. I think what we may very well see between now and the election is more states passing these laws, just to be as clear as possible, that the electors are not free agents.”
Listen to the full interview here.