Thanks to Richard Winger of Ballot Access News for this post.
On December 6th, two Colorado Presidential Electors sued the Governor and Secretary of State of Colorado, to establish that they, and all Presidential Electors, have a Constitutional right to vote for any qualified Presidential candidate when they vote as Electors on December 19th. Baca v Hickenlooper, 1:16cv-2986.
The case is assigned to Judge Wiley Daniel, a Clinton appointee.
The two Electors, Polly Baca and Robert Nemanich, received an e-mail from the Colorado Secretary of State’s office on November 18th. The e-mail says, “1-4-304(5) of Colorado Revised Statutes state that Presidential Electors shall (must) vote for the presidential/vice-presidential ticket that receives the most votes in the state. Thus, if an elector failed to follow this requirement, our office would likely remove the elector and seat a replacement elector until all nine electoral votes were cast for the winning candidates.” The e-mail is signed by Joel Albin, Ballot Access Manager, Elections Division.
Baca and Nemanich are Democrats. They have been telling the public and the news media that they believe the Republican nominees for President and Vice-President would, if sworn into office, do great harm to the United States. Baca and Nemanich say they have been communicating with other Presidential Electors from both Major Parties, hoping to form a group of Electors would who vote for a candidate other than Hillary Clinton and Donald Trump. The basis for their lawsuit is that they face an imminent threat of being replaced as Electors, and that such a replacement would violate Article Two, the Twelfth, and First Amendments.
All States elect Alternate Electors, but some also have a $1,000 fine if an Elector does not vote the States winner.
CLICK HERE to read the eight page (PDF) complaint.
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