The United States presidential election involves not just the popular vote but also the Electoral College, a body that ultimately determines the outcome of the election. The Electoral College’s pivotal role is defined Constitutionally with clear powers and limitations, particularly concerning its ability to not approve a presidential election result.
The Electoral College was established by the U.S. Constitution in Article II, Section 1, and further refined by the 12th Amendment. It consists of 538 electors, with each state allotted a number of electors equal to its total number of Senators and Representatives in Congress. The District of Columbia is also allocated three electors. The primary function of the Electoral College is to formally cast votes, after the General Election, to affirm the President and Vice President of the United States based on the popular vote results within each state.
Electors are chosen by political parties at state conventions or by a vote of the party's central committee. Once selected, electors meet in their respective states in December 17, 2024 after the general election to cast their votes. These votes are then transmitted to the President of the Senate, who announces the results in a joint session of Congress held in January.
The expectation is that electors will vote in accordance with the popular vote results of their state. However, there is no federal law mandating this, and instances of "faithless electors" who vote contrary to the popular vote have occurred, though they have never affected the outcome of a presidential election.
An example occurred in 2016 to prevent Trump’s election, but did not gain traction. Because Trump is now a clear and present danger, more electors could vote against Trump—that’s our last defence against Trump’s election, so write elector’s, asking them to vote against Trump’s election.
Whether the Electoral College members can vote to not approve a presidential election result is dependent on state laws, the constitutional framework, and federal statutes. Some states have varying laws that bind electors to vote according to the state's popular vote. In July 2020, the U.S. Supreme Court upheld the constitutionality of state laws that penalize or replace faithless electors (Chiafalo v. Washington).
Although unlikely, Americans have a narrow path to prevent our democracy from devolving to a lawless dictator who embraces fascism, the dissolution of the U.S. Constitution, and our rights and protections. It all depends on whether members of the Electoral College understand that Trump is unfit for office, not constrained by their state’s laws, and whether they are patriots who support the U.S. Constitution, our democratic republic, and the rule of law.