Louisiana Strikes Down Gay Marriage Ban

[Skylar]

Less, as Electoral College Electors are required by law in most states to cast their votes based on the general election - they don't have a choice. Failure to vote in accordance with the results can result in disqualification as an Elector and fines. In those states with no legal requirement it is still the votes of the Electors that are counted as part of the College, not the popular vote.

I'd say about the same. The state legislatures choose to allow voting as their method of selection. But up until the electors are actually seated, they state can reclaim that authority and just assign the electors themselves. Regardless of the popular election results in the state. We *almost* saw this happen in Florida in 2000. The Florida legislature was having an emergency session where they were going to discuss simply assigning the electors themselves.

It would have been utterly constitutional, though it may have violated Florida law.

As for the States 'requiring by law' that electors vote in a particular manner......I'm not sure that law would be enforceable. The autonomy of electors is the last fail safe against tyranny. At least according to the portions of the debates of the constitutional convention I read. What would be the penalty for failing to abide this state law? Its an interesting question.