Colorado Secretary of State Asks U.S. Supreme Court to Hear “Faithless Electors” Case

On October 16, Colorado asked the U.S. Supreme Court to hear Colorado Department of State v Baca. This is the case in which the Tenth Circuit ruled that presidential electors have a right to vote for anyone for president who meets the constitutional qualifications.

Both such cases are now before the U.S. Supreme Court. The other one is from Washington state.

Here is Colorado’s cert petition. It argues that the electors didn’t have standing to file this case, and it also argues the merits of the case. The U.S. Supreme Court hasn’t assigned a case number yet. Thanks to Daniel Ong for this news.


Comments

Colorado Secretary of State Asks U.S. Supreme Court to Hear “Faithless Electors” Case — 3 Comments

  1. How many CRISIS election law cases can SCOTUS handle in Jan-Jul 2020 or even in Aug 2020-Jan 2021 ???

    IE – get ready for *summary* action – with limited size ops – if any.

  2. I find this a particularly interesting case, especially for the strict constructionist crowd.

    I think two things are quite clear here. First, large majorities of ordinary Repubs, Dems & others and of Repub, Demo & other leadership want electors to be constitutionally bound to vote as directed by their states’ laws, compacts, and procedure. Second, the text of the Constitution and subsequent practice makes it clear that electors can (even though they very rarely do) vote independently.

    Wishes don’t alter facts. For the nation’s sake, I hope SCOTUS quickly acts as it must and declare the electors free to vote as they see fit, so that Congress and the states can get to the business of passing the one constitutional amendment that (in the current environment) has a chance to pass – an amendment binding the electors.

  3. 2019-2020 USA GOVT MINORITY RULE GERRYMANDER MATH, 7 MAY 2019 V2

    GERRYMANDER LOWLITES MINI SUMMARY —

    A. 30.3 PERCENT OF THE VOTERS ELECTED 218 D USA REPS OF 435 TOTAL IN 2018.

    B. 19.2 PERCENT OF THE VOTERS ELECTED 50 R USA SENATORS OF 100 TOTAL IN 2014-2018.

    C. 25.7 PERCENT OF THE VOTERS ELECTED R PREZ TRUMP IN 2016 – 270 of 538 ECV – 28 STATES + MECD2.

    Const Amdt for permanent C. math ???

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