Colorado’s presidential electors don’t have to vote for candidate who wins the state, federal appeals court rules
The decision in the “faithless electors” case could have major ramifications for future presidential elections in the U.S. and could ultimately go to the U.S. Supreme Court for review
PUBLISHED ON AUG 21, 2019 8:49AM MDT
Colorado’s presidential electors do not have to vote for the candidate who wins the state’s popular vote, the powerful 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday evening, a decision that could have major ramifications for future elections.
A three-judge panel on the federal appellate court ruled 2-1 against the Colorado Secretary of State’s Office in a case dating back to the 2016 presidential election, when three of the state’s nine presidential electors — the state’s Electoral College voice — tried to vote for candidates other than Democrat Hillary Clinton, who won handily in the state.
Then-Secretary of State Wayne Williams ordered them to cast their votes for Clinton or be replaced. One of the electors, Micheal Baca, refused and tried to back Ohio’s then-Gov. John Kasich, a Republican, as part of a national attempt by electors to block Donald Trump’s presidency.
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Griswold said that since the 10th Circuit’s ruling says that Colorado law cannot compel an elector to vote one way or the other, the national popular vote compact’s mandates could be ignored under the decision. She reiterated, however, that she’s optimistic a remedy can be found before that situation would ever arise and her office is still reviewing the long, complex ruling to understand its impact.
The case had been earlier dismissed by a lower court, with U.S. District Court Senior Judge Wiley Daniel writing in April 2018: “Plaintiffs ask this court to strike down Colorado’s elector statute that codifies the historical understanding and longstanding practice of binding electors to the people’s vote, and to sanction a new system that would render the people’s vote merely advisory.”
The case will likely now go to the U.S. Supreme Court for the possibility of further review.
more:
http://coloradosun.com/2019/08/21/faithless-electors-court-decision-colorado-10th-circuit/
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