Excess of Democracy

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Would-be faithless 2016 presidential electors return as electors in 2020, faithful this time

We can look back at the 2016 faithless elector litigation to see what happened to the many who attempted (or were successfully in their attempts) to vote for someone other than Donald Trump or Hillary Clinton. I anticipated that parties would change how they select and scrutinize presidential electors in 2020. There were no faithless elector this time and, on the heels of Chiafalo v. Washington, faithless elector laws would be enforceable. In 2020, there were not even attempts at casting faithless votes.

But, despite all that, several would-be faithless electors—and one, in fact, faithess elector—from 2016 were still chosen as electors. We can find out who they are. From the Archivist:

Vinzenz Koller, California: he wanted to cast a vote for someone other than Mrs. Clinton and Tim Kaine in 2016 and filed a lawsuit, but he ultimately voted for them. He was a Democratic elector in 2020, too.

Polly Baca, Colorado: she was one of the three plaintiffs in Baca v. Colorado Department of State who sought to vote for someone other than Mrs. Clinton and Mr. Kaine in 2016. Micheal Baca was the lead plaintiff who attempted to cast a faithless vote and was replaced. Ms. Baca ended up voting consistent with her pledge. (She was also the reason Justice Sonia Sotomayor had to recuse from the case.) She was a Democratic elector in 2020, too.

David Bright, Maine: he attempted to cast a vote for Bernie Sanders for president in 2016, but, upon a re-vote in Maine, cast a vote for Mrs. Clinton. He was a Democratic elector in 2020, too.

Muhammad Abdurrahman, Minnesota: he attempted to cast a vote for Mr. Sanders for president in 2016, and he was replaced. He sued, and he lost. He was selected an elector again in 2020.

I’m surprised that these individuals made it again as electors. But, maybe added pressure from the party, litigation culminating in Chiafalo, and simply different political circumstances in 2020 (e.g., these Democratic electors felt it more important to vote for Joe Biden in the face of Mr. Trump’s efforts to “decertify” and otherwise contest election results in several states) ensured they’d vote consistent with their promise and their party’s nominee.