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CHIAFALO, GUERRA, AND JOHN [electors] vs STATE OF WASHINGTON, consolidated with Colorado Dept. of State vs Baca, petition for cert granted 17 Jan 2020
What was the question?
A Washington State law threatens a fine for presidential electors who vote contrary to how the law directs. RCW 29A.56.340(2016). Petitioners are three 2016presidential electors who were fined under this provision solely because they failed to vote as the law directs, namely for the presidential and vice-presidential candidates who won a majority of the popular vote in the State. The question presented is whether enforcement of this law is unconstitutional because: (1) a State has no power to legally enforce how a presidential elector casts his or her ballot;and (2) a State penalizing an elector for exercising his or her constitutional discretion to vote violates the First Amendment.
(2) a State penalizing an elector for exercising his or her constitutional discretion to vote violates the First Amendment.
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