Behind the overt anti-Trump push is a covert agenda: If the courts establish that individual electors can switch allegiances, supporting candidates other than those who win their states, it would inject so much uncertainty into the process that states may be willing to junk the Electoral College in favor of a popular-vote winner.
“There might well be a clamor to get rid of the Electoral College altogether, a move that would have some disadvantages (like eliminating Hamilton’s safeguard) but many advantages as well,” said Laurence Tribe, a constitutional law professor at Harvard University. “Anyhow, clamor and anger have become par for the course in this loony election year.”
Leaders of the effort, mainly Democrats, have plans to challenge laws in the 29 states that force electors to support their party’s candidate. Those laws have never been tested, leaving some constitutional experts to argue they’re in conflict with the founders’ intention to establish a body that can evaluate the fitness of candidates for office and vote accordingly.
Join the conversation as a VIP Member