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  • The US Supreme Court on Wednesday tackled the thorny issue of whether members of the Electoral College, who formally elect the president, can go against the popular vote in their respective states. The justices heard arguments in a session that was delayed due to the coronavirus pandemic. Their ruling could potentially impact the upcoming election in November. The Electoral College is made up of 538 electors who translate the popular vote by casting their ballots in favor of the candidate who gets the most votes in each state. During the 20 presidential elections organized from 1796 to 2016, there were only 180 votes contrary to expectations, according to a document admitted to the court. In 2016, five electors refused to vote for Democrat Hillary Clinton despite her winning the majority of votes in their state, and two refused to vote for Republican Donald Trump. So-called "faithless electors" have never upended an election result, but Justice Brett Kavanaugh said the court had "to look forward... and worry about chaos." Justice Samuel Alito raised the scenario that after a close election result, there could be "concerted campaigns to change that result by influencing a few electors." Wednesday's debate focused on penalties imposed by the states of Colorado and Washington against "faithless electors" after the 2016 election. Two rogue electors challenged their penalties, claiming their "freedom to vote" was undermined. "The framers (of the Constitution) thought that electors could vote with discretion," Jason Harrow, a lawyer representing one of them, told the court. Another lawyer accused Washington state of effectively trying to replace the title "elector" with "minion." But Colorado Attorney General Philip Weiser said "it's the role of the states to oversee confidence in our election system, to ensure that the public voice is heard." The US election system came under renewed criticism in 2016 as Clinton got 2.9 million more votes nationwide but Trump won in enough key states to get an easy 304-227 Electoral College victory. Democrat Joe Biden is set to challenge Trump in the November vote. The court's decision is expected in June. chp/bgs/sst
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  • US Electoral College under Supreme Court scrutiny
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