The Volokh Conspiracy
"The Washington Secretary of State Office’s blog reports:
Washington’s Electoral College made national news Monday when four “faithless” electors declined to vote for Hillary Clinton, who carried the state 54-38 over Donald Trump.Eight electors cast ballots for Secretary Clinton, three votes went to former Republican Secretary of State Colin Powell and one elector voted for Faith Spotted Eagle, an activist opposing the Dakota Access Pipeline.It was the first time Washington had a “faithless” elector since Mike Padden of Spokane Valley, now a state senator. He voted for Ronald Reagan in 1976, rather than Gerald Ford, who had carried the state that year. The Legislature quickly passed a law imposing a civil penalty of up to $1,000 for voting for someone other than the nominee. Secretary of State Kim Wyman, the state’s chief elections officer, said she will enforce the statute. She is conferring with the Attorney General on a process for levying the penalty. . . .
"Though I’m not an expert on the subject, I’m inclined to think that a state may not legally bind electors to do the voters’ will, just as it can’t legally bind senators or representatives to vote a particular way. " . . .
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