Is the Uniform Faithful Presidential Electors Act Constitutional?

Abstract

Proposals for the reform or abolition of the Electoral College have been advanced from the early Republic onwards to the present. One of the perceived problems in our existing system has been the possibility (and occasional occurrence) of a “faithless elector” – that is, an elector who is pledged to vote for one Presidential candidate, but who in fact votes for another or does not vote at all. Several States have sought to cure this problem by enacting the Uniform Faithful Presidential Electors Act (UFPEA). This article reviews the background, history and purposes of the Electoral College. It considers both American and British views and practices in the late eighteenth century and after, together with relevant case law and legal scholarship. It concludes that the UFPEA is unconstitutional.

Keywords: elections, presidential elections, electoral college, uniform faithful presidential electors act, constitutionallaw