Understanding the Electoral College and the Limitations on State and Congressional Actions
The United States' Electoral College system is often a subject of debate and confusion. It is essential to clarify the limitations on state and congressional actions related to electors after they have been chosen and the process of electors' selection.
Can States Change Their Minds After Electors Have Been Chosen?
No, a state cannot change its mind on electors after they have already been chosen. When a state establishes a rule for elector selection, it is binding by a deadline established within the state. Once this date passes, changes in elector preferences, if any, cannot be made. This means that if a state selects electors through a specific process, it cannot retroactively change its decision based on the outcome of the general election.
Can Congress Reject Electors?
Yes, Congress has the authority to reject the electors. Historically, this authority was exercised during the 2020 certification of the Electoral College vote when rioting caused a delay in the proceedings on January 6, 2020. Congress reviews the electoral votes and can reject them if they find the votes are invalid due to fraud or irregularities.
Alternate Electors and Historical Precedents
Historically, the selection of alternate electors has been an accepted practice. For instance, during the 1960 election, Hawaii sent alternate electors. Though the current Vice President Richard Nixon ultimately accepted the alternates, this decision changed the course of the election, paving the way for the eventual awarding of the presidency to the opposing candidate, John F. Kennedy. Another historical instance involved the appointment of alternate electors in the 1800s.
The Role of Election Rules and Party Platforms
The selection of electors is a complex process. Individual parties within states choose electors to represent their party in the Electoral College. These parties can change out electors at any time for reasons stated in their platforms. For example, during the 2020 election, there were allegations of "fake electors" arranged by supporters of then-President Donald Trump. However, it is more likely that these individuals were alternates or backup electors, prepared to act if the general election results had gone in a different direction or if the election had to be decided by the Supreme Court.
The Role of Congress and State Parties
While the left in the U.S. often argues that Trump had engineered a system of fake electors, the right counters that these were alt electors meant to fulfill obligations if the election outcome was contested. Factually, Congress has debated and even rejected electoral votes in the past, and the ability of the Supreme Court to hear such arguments is well established.
Conclusion
The Electoral College system is robust and follows well-defined procedures. States cannot change their minds on electors after the selection date, and Congress has the authority to reject invalid electoral votes. The process of elector selection can involve alternate electors, but this practice is not without precedent and is recognized in historical context.