Sen. Dodd Proposes Law Against Faithless Electors

SACRAMENTO – With increased national attention on the manipulation of the Electoral College system, Sen. Bill Dodd, D-Napa, today proposed new legislation for California that would ensure the state’s presidential electors cast ballots for candidates who won the popular vote and do not instead switch candidates or abstain from voting.

“When the people of California speak, electors must listen,” Sen. Dodd. Said. “Those who go rogue threaten the underpinnings of our democracy and cannot be tolerated. I call on every state in the nation to protect the legitimacy of our free election process and enact laws to prevent these faithless electors.”

Sen. Dodd’s announcement comes as country’s 538 electors gather in their states Dec. 14 to cast ballots for president and vice-president, the last step before Congress finalizes results of the Nov. 3 election. Although President-elect Joe Biden is the clear winner over President Donald Trump, some groups in states including Georgia have encouraged electors to ignore the will of the people.

While 33 states and the District of Columbia have laws requiring electors to uphold their voting pledges, many do not have any enforcement mechanism and a majority have no way to make sure electors faithfully comply.

Sen. Dodd proposes legislation governing California’s 55 electors that would void their vote if they cast ballots for a candidate who did not win the majority of support in the state. The faithless elector would be immediately replaced by a new elector who would cast a ballot for the winning candidate. The model is supported by the Uniform Law Commission because it prevents possibility of faithless electors.

“California is a leader in so many ways and banning faithless electors should be no exception,” Sen. Dodd said. “My hope is we can set an example for the remaining states to follow and prevent extreme partisanship from denying the will of the voters.”

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Senator Bill Dodd represents California’s 3rd Senate District, which includes all or portions of Solano, Napa, Sonoma, Yolo, Sacramento, and Contra Costa counties. You can learn more about Senator Dodd at www.sen.ca.gov/dodd.