0
At least one elector for Trump has promised to switch his vote, becoming a "Hamilton Elector". Assuming 36 more electors (about 10% of Trump's total) do likewise, and Trump fails to get the 270 absolute majority, then what happens? Since all of the constitutional law scholars I follow haven't taken a stab at this, I thought I would write up some notes.
Foreign powers and populists
In
Federalist #68, Alexander Hamilton laid out the reasons why electors should switch their vote. The founders feared bad candidates unduly influenced by foreign powers, and demagogues. Trump is unabashedly both. He criticizes our own CIA claiming what every American knows, that Russia interfered in our election. Trump is the worst sort of populist demagogue, offering no solution to problems other than he'll be a strong leader.
Therefore, electors have good reasons to change their votes. I'm not suggesting they should, only that doing so is consistent with our Constitutional principles and history.
So if 10% of Trump's electors defect, how would this actually work?
Failure to get 270 vote absolute majority (math)
Well, to start with, let's count up the number of electors. Each state gets one elector for every House Representative
Continue reading