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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Can state legislatures appoint electors to vote for a different candidate than their state's voters chose?

By Austin Tannenbaum
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NO

State legislatures cannot alter their electors after a presidential election. Each state's political parties nominate electors the preceding spring or summer, typically selecting loyal party members who are pledged (and in some states legally bound) to support their nominee.

Voters cast ballots for a slate of electors committed to that candidate when they make their choice for president. (In Nebraska and Maine, the statewide winner gets two electors, and the winner in each congressional district gets one elector.) Once the election results are determined, the legislature is bound to their choice.

The only time an elector has cast a vote for the opposite party's candidate in a close election was in 1796.

In 2020, the Supreme Court ruled that states may require their electors to vote for their party's candidate and may retract and replace their votes if they go rogue.

This fact brief is responsive to conversations such as this one.
Sources
National Conference of State Legislators: The electoral college
National Archives: About the electors
FairVote: Faithless electors
Oyez: Chiafalo v. Washington
Oyez: Colorado Department of State v. Baca
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.