Who Are You Voting for Today? It's Not Who You Think It Is

As noted not long ago, elsewhere in these pages, when voters go to the polls today to cast their ballots for President and Vice President, they are not actually voting for Donald Trump or Gary Johnson or Hillary Clinton. Those candidates receive votes only indirectly.

Voters cast their ballots, instead, for slates of electors selected by the political parties (or, in the case of independent candidates, by the campaign organization).

In Virginia, each party selects two at-large electors and one from each of the eleven congressional districts. The Republican Party (and, I would guess, the Democratic Party) selected its slate of electors at the state party convention (for at-large slots) and at congressional district conventions.

The executive committee of the Libertarian Party selected its slate late in 2015 because all 13 names had to be included on the ballot access petitions that were circulated for the purpose of collecting a sufficient number of signatures to qualify the LP’s candidates for the ballot. The ballot petition included "stand-in" candidates for president and vice president, because Gary Johnson and William Weld were not nominated until nearly six months after the petitioning process began; their names were substituted after the petitions were turned in to the State Board of Elections. Presumably the Green Party followed a similar process.

Evan McMullin’s elector selection process was more opaque; even his running mate listed on the ballot, Nathan Johnson, is not McMullin’s actual running mate (Mindy Finn), although it’s unlikely that will matter by Wednesday morning.

Names of electors this year may be more relevant than in past years because of the possibility that one or more of them may go rogue and cast a ballot for candidates other than those who win the popular vote in their states. Two Washington state electors, who supported Bernie Sanders in the Democratic primaries, have already announced that they will not vote for Hillary Clinton if she wins in the Evergreen State.

For the sake of full transparency in the electoral process, and to document this election thoroughly for future historians, here are the names of the 65 individuals who have agreed to serve as electors if their favored candidate wins the popular vote in Virginia on November 8. (Names are followed by “city of record,” as noted by the State Board of Elections.)

Green Party electors: Audrey R. Clement, Arlington; Becker Sidney Smith, Pamplin; Clifford Barry Anderson, Radford; Daniel A. Metraux, Staunton; Edmund E. Dowe II, Virginia Beach; Gerald L. Anderson, Fredericksburg; Jana Lee Cutlip, Charlottesville; Jeffrey B. Staples, Chesapeake; Kirit Mookerjee, Washington, DC; Patrick O. Hopkins, Herndon; Richard D. Johnston, Louisa; Ryan R. Ruff, Portsmouth; William Michael Lupinacci, Oakton

Notice that the “city of record” of one Green Party elector, Kirit Mookerjee, is listed as “Washington, DC.” Is this legal?

Democratic Party electors: Bethany J. Rowland, Chesapeake; Debra Stevens Fitzgearld, Harrisonburg; James Harold Allen Boyd, Culpeper; Jasper L. Hendricks, III, Pamplin; Jeanette C. Sarver, Dublin; K. James O'Connor, Jr., Manassas; Kathy Stewart Shupe, Sterling; Keith A. Scarborough, Woodbridge; Lashrecse D. Aird, Petersburg; Susan Johnson Rowland, Chesapeake; Terry C. Frye, Bristol; Virginia L. Peters, Alexandria; Vivian J. Paige, Norfolk

Here’s an oddity: Both the Democratic Party slate and the Green Party slate include an elector whose city of record is Pamplin, a postal designation in Virginia that I’ve previously never encountered. Is that coincidence?

Republican Party electors: Alan John Cobb, Falls Church; Anne Taetzsch Fitzgerald, Staunton; Cynthia Marie Miller (Byler), Virginia Beach; Donald L. Boswell, Glen Allen; Erich D. Reimer, Charlottesville; George William Thomas, Jr., Richmond; Henry Michael Ziegenfuss, Norfolk; James G. Huber, Leesburg; John V. Rainero, Bristol; Laurie K. Tryfiates, Fredericksburg; Lynn A. Tucker, Richmond; Samuel A. Howe, Lynchburg; Sean M. Spicer, Alexandria

That last name listed for the GOP, Sean Spicer, is principal spokesman for the Republican National Committee. He’ll probably be too busy today to campaign for himself outside his home precinct in Alexandria.

Libertarian Party electors: Alvin Scott Bandy, Charlottesville; Brian A. Hiner, Roanoke; Constance Hannigan-Franck, Broadlands; David W. Saum, Falls Church; Donna L. Grebas, Chesterfield; Gregory Ivan Lloyd, North Chesterfield; James J. St. John, Norfolk; James W. Lark, III, Free Union; Juanita A. Walton Billings, Fredericksburg; M. Anne Panella, Pembroke; Robert F. Shuford, Jr., Hampton; Sanford Brotman, Fairfax; William B. Redpath, Leesburg

The Libertarian Party slate includes two former national party chairmen, Jim Lark and Bill Redpath. (Full disclosure: I was on the LP elector slate in 1992 and again in 1996, but the GOP electors were chosen by the voters those years.)

Evan McMullin/Nathan Johnson electors: Andrew Hemby, Henrico; Annie H. Pratt, Gainesville; Bruce M. Andrew, Fredericksburg; Daniel Martin Eaton, Charlottesville; Deborah Kathryn Strader, Newport News; Jonathan C. Morris, Norfolk; Joseph R. Mayes, Chester; Kelsey C. Carreon, Clifton; Matthew Phillip LaPointe, Falls Church; Monica G. Shafer, Smithfield; Nanette M. Gagnon, Woodstock; Steven D. Bridges, Marion; Wilson R. Dodge, Jr., Burke

The McMullin/Johnson slate contains nothing noteworthy, from what I can see – but if it does, please tell us in the comments section, below.

Whichever slate of electors is elected by voters tomorrow, the lucky thirteen will meet on Wednesday, December 19, at 12 o'clock noon in the Senate Chamber at the Virginia State Capitol. A limited number of tickets are available for members of the public to watch the balloting ceremony.

Today's RTD: Should presidential electors exercise independent judgment?

In the commentary section of today's Richmond Times-Dispatch, I argue that presidential electors can, and should, exercise independent judgment when they cast their states electoral votes in December.

In "Electors should vote their consciences," I begin by telling the story of Roger MacBride, a Virginia elector in 1972 who was pledged to vote for incumbent Republican President Richard Nixon. MacBride chose, instead, to cast his ballots for the Libertarian ticket of John Hospers and Tonie Nathan.

The Libertarian Party had been founded barely a year earlier, and its presidential ticket appeared on the ballots of only four states. (Nixon, you may recall, thumped George McGovern that year, winning every state but Massachusetts and the District of Columbia. He went on to resign in disgrace two years later.) The notoriety MacBride achieved by this brazen act catapulted him, four years later, to become the LP's second presidential nominee.

While "faithless electors" may break the law in some states, what few court decisions that have addressed the matter indicate that presidential electors may vote their consciences:

State laws (like Virginia’s) that bind electors to particular candidates have rarely, if ever, been tested. An Oklahoma elector in 1960 who voted for Virginia Sen. Harry F. Byrd rather than Richard Nixon did so even though he was threatened with a $1,000 fine. “I am not worried about $1,000,” he said, and the only penalty imposed on him was a refusal to pay his travel expenses to Oklahoma City.

Few court decisions have addressed the independence of presidential electors. An 1896 Kansas court decision said that electors were under “no legal obligation” to support any particular candidate and were “authorized to use their own judgment as to the proper eligible persons to fill these high offices.” In 1948, the Ohio Supreme Court ruled that all electors were free to vote as they pleased, because it was “only by force of a moral obligation, not a legal one, that the presidential electors pledged to certain candidacies fulfill their pledges after election.”

Each elector can make up his or her mind about whether to follow the election returns or to vote independently, but this year's decision making process carries unusual moral and ethical weight. Both of the two largest parties have nominated flawed presidential candidates. While Democratic electors are, for the most part, satisfied with Hillary Clinton (if not enthusiastic about her) as their party's candidate, Republican electors are, like Republicans at large, conflicted about Donald J. Trump.

So, I argue:

The electors’ right to independent judgment may be most pertinent this year, when GOP presidential electors are expected to vote for a nominee who has brought shame to their party. The vulgar and impolitic Trump has expressed contempt for the Constitution, undermined confidence in the integrity of the electoral system, dismissed any interest in the legislative process, and been at loggerheads with time-tested conservative, Republican values.

A Republican “faithless elector” in 2016 will bravely and astutely avoid the future taint of association with Trump, the most unfit character ever to seek the presidency, simply by casting his ballot for Gary Johnson (my choice, and the choice of this newspaper) or another suitable person.

If either Democratic or Republican electors, in Virginia or elsewhere, choose to vote their consciences on December 19, I'll give them full credit for having moral courage. It would be nice to think my op/ed piece influenced their choices -- and perhaps some of them will have seen it, since (if the metrics app is believable) more than 3,700 readers have recommended the article to their friends on Facebook.