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SB 11

Electoral Voting of U.S. President and Vice President; procedures established if presidential electors fail to vote in accordance with state voters; Alabama Uniform Faithful Presidential Electors Act established

2026 Regular Session Introduced by Sam Givhan

Alabama establishes enforcement procedures and consequences for presidential electors who fail to vote according to the state's popular vote results.

Currently Indefinitely Postponed
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Bill Summary · SB 11

Legislative bill overview

SB 11 establishes the "Alabama Uniform Faithful Presidential Electors Act," which creates procedures to enforce that presidential electors vote in accordance with their state's popular vote results. The bill imposes consequences if electors fail to cast their ballots as pledged, addressing the scenario where electors might vote contrary to voter expectations.

Why is this important

Presidential electors are currently bound by state law in many states, but enforcement mechanisms and consequences for "faithless electors" vary significantly. This bill clarifies Alabama's specific procedures and penalties, affecting how the state selects and holds accountable the individuals who formally cast electoral votes in presidential elections. This becomes particularly relevant in closely contested elections where elector defection could theoretically impact outcomes.

Potential points of contention

  • Judicial review of elector binding: Constitutional scholars debate whether states can legally bind electors or penalize them for voting their conscience, as the Constitution's text is ambiguous on elector independence
  • Partisan concerns: The bill could be viewed as either protecting democratic will (binding electors to popular vote) or restricting individual liberty (constraining elector choice), depending on political perspective
  • Practical enforceability: Questions about what specific penalties apply, whether they can be imposed before or after electoral voting occurs, and how conflicts with federal law would be resolved

Compiled from official sources — confirm details with the bill’s official record.

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