The United States Supreme Court has decided to review the Tenth Circuit Court of Appeals’ decision in Baca v. Colorado Department of State. The Tenth Circuit in Baca decided that Colorado cannot remove a faithless presidential elector for violating state law, even if they attempt to cast their electoral college ballot for a candidate who did not win the majority vote in Colorado.
The following is a statement from Colorado Secretary of State Jena Griswold:
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“Unelected and unaccountable presidential electors should not be allowed to decide the presidential election without regard to voters’ choices and state law. When Americans vote in the Presidential election, we are exercising our most fundamental right – the right to self-governance. We hope the U.S. Supreme Court will protect the rights of states to enforce their laws and defend the rights of Americans to choose the U.S. President.”
The following is a statement from Colorado Attorney General Phil Weiser:
“I am pleased that the U.S. Supreme Court has decided to review the Baca case and determine whether states can bind their presidential electors to the candidate who wins the most votes in the state’s presidential election. Having the U.S. Supreme Court resolve this critical question about the foundation of our democracy before the 2020 election will avoid the uncertainty, chaos, and confusion that would arise in the wake of post-election litigation. As this case proceeds, I will vigorously defend the people of Colorado before the Court and work hard to ensure that the Electoral College ballots of electors reflect the will of voters in Colorado.”