Harvard law professor Larry Lessig said on Tuesday that as many as 20 Republican Electoral College electors are considering flipping their vote against Donald Trump.
That is more than half of the number of anti-Trump votes that are needed to stall the President-elect from being sworn into office in January. And the number does not include any Democratic electors who would follow suit.
Some 40 electors have signed an open letter to the Director of National Intelligence James Clapper demanding an intelligence briefing on Russian interference in the election ahead of their December 19 vote, signaling that they are at least struggling with their votes. Of those, 39 are Democratic voters.
“Obviously, whether an elector ultimately votes his or her conscience will depend in part upon whether there are enough doing the same. We now believe there are more than half the number needed to change the result seriously considering making that vote,” Lessig said to Politico.
The professor has been offering free legal counsel to “faithless electors” who are considering casting a ballot for an alternative candidate as opposed to Trump. The President-elect earned 306 electoral votes on Election Day. He needs at least 270 in order to win the presidency.
Lessig’s claim regarding the number of electors who are considering flipping their vote is far greater than what has been reported. So far, only a few of them have publicly said that they will not back the results of their home states. Almost all GOP electors who have spoken to various news outlets have confirmed that they will vote for Trump.
Politico reports that GOP sources have informed it that they have only found one elector, the much-publicized Chris Suprun of Texas would be voting against Trump.
Faithless electors — those who vote against the popular vote of their state — are a very uncommon occurrence in U.S. history, numbering only 82.