The answer to the question could be a decisive one: Are the electors who cast the actual Electoral College ballots for president and vice president required to follow the results of the popular vote in their states? Or are they free to vote as they wish?
Colorado threw Baca's vote out and found another elector to vote for Clinton. Washington accepted the votes of its rebel electors but fined them for violating state law. The electors challenged the fines, but the Washington state Supreme Court upheld the state law requiring them to conform to the popular vote.
"Unelected and unaccountable presidential electors should not be allowed to decide the presidential election without regard to voters' choices and state law," Griswold said. Because the Constitution contains no requirement for electors to follow the wishes of a political party,"the electors, once appointed, are free to vote as they choose," assuming that they cast their vote for a legally qualified candidate.
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