3 U.S.C. § 4
Vacancies in electoral college
Each State may, by law enacted prior to election day, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote.
Notes of Decisions
Cited in 3
cases, 2009–2020 · leading case: Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. Ct. App. 2009).
Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. Ct. App. 2009). “See 3 U.S.C. § 4 . Article II, Section 1 describes how the Electoral College is filled as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State…”
Gelineau v. Johnson, 904 F. Supp. 2d 742 (W.D. Mich. 2012). “§ 15 (“[N]o electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected.”
Eugene Baten v. Henry McMaster, 967 F.3d 345 (4th Cir. 2020). “See 3 U.S.C. § 4 . 4 for a statewide election of Electors — Electors “on a general ticket” pledged to a presidential candidate.”
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