What Is The Legal Definition Of An “Elector”?

There has been a great amount of conjecture and supposition between Republicans and Democrats about which, if either, party, will steal the election if not duly elected. Yet more discussion has occurred between party-associated legal representatives and constitutional scholars on whether or not such an act of treason is even possible based on the law. Before you can form your own opinion, you need to understand what the legal definition of an “elector” is, and what part they play in deciding an election.

Legal-dictionary and West’s Encyclopedia of American Law define an elector as “A voter who has fulfilled the qualifications imposed by law; a constituent; a selector of a public officer; a person who has the right to cast a ballot for the approval or rejection of a political proposal or question, such as the issuance of bonds by a state or municipality to finance public works projects.”

OR:

“A member of the electoral college—an association of voters elected by the populace of each state and the District of Columbia—which convenes every four years to select the president and vice president of the United States.”

For the purposes of “stealing” an election, only the second definition matters. The important thing is that the first definition more describes actual voters — whose only role in deciding an election, believe it or not, is traditional instead of legal. 

The fundamental way the system works is simple. People vote, a state legislature acknowledges the popular vote, and then sends these “electors” to the convention to cast their state’s ballots for president. Those ballots determine the electoral votes won by a presidential nominee for a specific state. 

How could anyone possibly hijack that system? Well, it’s pretty simple: Republicans have already begun seeding doubt about the legitimacy of the mail-in vote (which typically favors Democrats). The president is especially guilty of this. Many scholars suspect the president will try to “cancel” any votes counted after Election Day — he hopes to be winning that night — and then ask Republican legislatures in competitive battleground states to send electors to cast their ballots for him even if Joe Biden technically wins the popular vote in that state. He would do this on the basis of, “oh, well, the mail-in vote is fraudulent.” 

That tactic could result in the presidential election being decided by Congress or the Supreme Court under certain circumstances.

You might be surprised who is getting involved in the election, and what kind of an impact they could have. For example, one employment lawyer NYC said that it’s important for businesses to provide employees with ample time off in order to vote — or even provide the day off. This is because coronavirus will likely affect the ease with which voting takes place. Early voting has already started in many states, and anyone can see that those lines are extremely long.

Few people expect Election Day voting to be any easier, especially since disruptions by Republican operatives are anticipated. Trump has enlisted an “army” of followers to keep “watch” for any “suspicious activity” at polling places around the country.