Electors

[Robin Charlow]

Prof. Volokh wrote:
The fact is that today electors are chosen with the assumption that they will vote mechanically, and are thus not really vetted for their sterling character, wise discretion, or what have you.  When everyone acts in reliance on this sort of now fairly traditional assumption, it doesn't quite seem right for the electors to
reject this assumption and start exercising discretion *for which they were
not chosen*.  It may be constitutional -- but it just isn't right, . . . .

Since there is a history of "stray" electors from time to time not voting mechanically, isn't that also part of the assumption/tradition on which we relied?  If we know this is not only theoretically possible but that it actually occurs, perhaps we should pay more attention to whom we select as electors or, if we do not, accept the "stray" consequences as well as the mechanical ones.



Robin Charlow
Hofstra University School of Law
Hempstead, New York  11549
email: lawrdc at hofstra.edu
phone (516) 463-5166