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To: CA Conservative
However, it has never been litigated whether it is constitutional for a state to punish an elector that votes contrary to that pledge.

Where does the proposed law punish electors?

70 posted on 07/19/2010 4:15:15 PM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Mojave
Where does the proposed law punish electors?

I don't think this law does that. I was responding in part to the statement about it being constitutional to force the electors to vote a certain way. I don't think it is. States can require a pledge in order to stand for election, but I don't think they can punish an elector for changing their mind once elected. There are Faithless Elector laws in some states, but they have never been tested, and I doubt they could be constitutional, as they would deny an elected official (the elector) the ability to perform their duties freely and without coercion.

75 posted on 07/19/2010 4:27:12 PM PDT by CA Conservative
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