Congressional Digest

Supreme Court Debates October 2020 No. 7 Vol. 23
Peter Bret Chiafalo, Levi Jennet Guerra and Esther Virginia John, Petitioners

Faithless Electors

The Electoral College and Choosing a President

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Peter Bret Chiafalo, Levi Jennet Guerra and Esther Virginia John, Petitioners

L. Lawrence Lessig, Counsel of Record

In 2016, Peter Bret Chiafalo, Levi Jennet Guerra and Esther Virginia John were among those chosen by the Democratic Party of Washington state to serve as electors for Hillary Clinton and Tim Kaine in that November’s presidential election. Because the Democrats won the popular vote in Washington, the three individuals were entitled to cast ballots in the Electoral College, the political body set forth in the Constitution that formally selects the next president and vice president of the United States. Donald Trump won the election, however, carrying enough states to account for a majority in the Electoral College. In response, the three Washingtonians decided to cast their …

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