States’ representatives in the Electoral College don’t have to follow the will of the people…
(Claire Russel, Liberty Headlines) Colorado’s presidential electors can vote for whomever they want, regardless of the state voters’ choice, according to the 10th U.S. Circuit Court of Appeals.
The three-judge panel ruled 2-1 against the Colorado Secretary of State’s Office on Tuesday, establishing that the three electors who tried to vote for candidates other than Hillary Clinton in 2016 did so legally.
At the time, then-Secretary of State Wayne Williams ordered the electors to vote for Clinton or be replaced.
One of the “faithless electors,” Micheal Baca, refused and was replaced with another elector who voted for Clinton.
“Secretary Williams impermissibly interfered with Mr. Baca’s exercise of his right to vote as a presidential elector,” the court said in a 125-page opinion written by U.S. Circuit Court Judge Carolyn Baldwin McHugh. “Specifically, Secretary Williams acted unconstitutionally by removing Mr. Baca and nullifying his vote for failing to comply with the vote-binding provision.”
The Constitution guarantees “presidential electors the right to cast a vote for president and vice president with discretion.
“And the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right,” McHugh continued.
Colorado Secretary of State Jena Griswold told the Colorado Sun that the court’s ruling “sets an extremely dangerous precedent that would enable a few people to override the majority of Colorado voters.”
Colorado’s former Deputy Secretary of State Suzanne Staiert said faithless electors threaten to throw “out the will of the voters.”
The court’s ruling means “the will of the voters is tossed out and instead it’s the will of one elector,” she said. “They get to decide regardless of how the people decided.”
Colorado is one of several states to adopt the National Popular Vote Interstate Compact, an attempt to get rid of the Electoral College.
The agreement means Colorado would pledge all of its electors to the candidate who wins the popular vote nationally rather than letting its own voters determine whom the state will support.