California Presidential Elector Files Lawsuit to Void California Law that Tells Presidential Electors to Vote for the Nominee of their Party

On Friday, December 9, a California presidential elector, Vinz Keller, filed a federal lawsuit to overturn the California law that tells presidential electors to vote in the electoral college for the nominee of their party. Keller v Brown, n.d., 5:16cv-7069.

Keller is a Democrat and he does not assert that he is certain to vote for someone other than Hillary Clinton. He says he is undecided and wants the freedom to work with other presidential electors. Thanks to Politico for this news.

Here is his Complaint. The case has not yet been assigned to a particular judge.


Comments

California Presidential Elector Files Lawsuit to Void California Law that Tells Presidential Electors to Vote for the Nominee of their Party — 14 Comments

  1. Again DemoRep, the Electoral College is not gerrymandered, it’s based on raw population of each state. The key issues are that there aren’t enough electoral votes to properly appoint electoral votes proportionally (i.e; because the House is capped at 435 seats), and the census doesn’t properly award seats to states starting around the year 6 in every decade, as a significant amount of people have moved from state to state. It should arguably be done every 5 years.

  2. AMc — Sorry — the creation of each State was a gerrymander activity — first by the Brit monarchs (1607 VA to 1732 GA colonies — carving up North America) and later by the gerrymander Congress.

    VT – 1791 special case (State 14) — independent republic in 1777-1791 (secession from the 1776 NY regime).

    The 10 year Census stuff is based on the average number of fingers on 2 hand for most folks — and the base 10 of simple math.

    Census math is instantly obsolete due to about 15 percent of the population moving around per year.

    Send the rotted Electoral College to HELL — along with divine right of kings, slavery, etc. etc.

    The ROTTED compromise about slavery in the 1787 top secret convention got about 750,000 DEAD on all sides in 1861-1865.

    The E.C. was one more ROTTED compromise forced on the Democracy States by the EVIL conspiracy of the small and slave States at such ROTTED convention of the oligarchs.

    How many domestic and foreign regimes manage to survive by having the PEOPLE — Electors-Voters — elect the chief executive officers in such regimes — and lots of other at large executive and judicial officers ???

    The USA is ROTTING to TYRANNY due to FATAL defects regarding elections in the rotted USA Const —
    esp. the gerrymander House of Reps, the gerrymander Senate and the gerrymander Electoral College.

    i.e. the MORONS in the media and SCOTUS making each Prez into an elected god- monarch – emperor since 1933.

    I.E. Is Trump THE KILLER to end Democracy in the USA ???

    See the KILLER Augustus Caeser and his gangsters finally wiping out the Roman Republic in 27 B.C. — see the Hollywood version —
    Cleopatra movie in 1962.

    P.R. and nonpartisan App. V — regardless of ALL math MORONS on Mother Earth — who have been brainwashed about the ROTTED gerrymander election math in the USA.

  3. Each Prez has been de facto elected by about 30 percent (MINORITY RULE) of the total popular votes since 1832 – Jackson.

    1/2 or less votes x gerrymander areas (State, part of State, DC) having a bare majority of the total E.C. votes = about 30 percent (roughly 60 percent of the States/DC)

    2016 Trump math to be done after the results are semi-final/final.

    Clue — divide Trump Votes by Electoral College Votes won and rank them LOW to HIGH.

  4. There is nothing in the California Elections Code that specifies how marks on a ballot papers are translated into presidential electors. There is a hint in Elections Code $13205(b),(c), and (d) in which instructions to voters say how their marks on the ballot paper will be interpreted, where an inference could be made how to translate ballot markings into election of presidential electors.

    Unfortunately, election officials in 57 of 58 counties did not follow the law. And even if they had, the Secretary of State demanded that contradictory and confusing language be placed on the ballot, directing that voters Vote for One Party, but providing no mechanical way to do so.

    Vinz Keller does not have standing, because he is not a presidential elector.

    California should just sit this election out, just as New York in 1789, and instead work on fixing up its election code.

    It is not clear that Keller is violating $18002. I think that applies to conduct of the elections in November. He might be violating $18500 and $18501.

    Paragraph 28 is False.

  5. Did he receive a notice from the Secretary of State that he was nominated a Presidential Elector as stated in CA Elections Code 6901. If so, when did this purported Presidential Elector receive notice he was nominated for
    The Statewide Office of Profit of California by the SOS.
    If this be the case that he was noticed of that nomination
    to that office, then that is news to me. Because a public
    Records Request came up with zero copies of such a notice on the part of the SOS.

  6. Many of the E.C. robot hacks will get their official APPOINTMENTS paperwork Mon and Tues this week — i.e. LATE State regimes.

    Each election now is a CRISIS event due to rotted voting machines and more and more incompetent folks in the election process — due in part to the HACKS having election day registration and provisional ballots — i.e. too much to handle for busy precinct officials.

  7. Jim Riley,

    Unlike New York in 1789, the CA Legislature has the procedure to deal with the problem, viz., a joint resolution.

  8. Chris, the California Secretary of State still has not released the official results. If he had done that, then we would all know the interesting number of write-ins received by Bernie Sanders. The Secretary of State did release the totals for Hillary Clinton and Donald Trump a few days ago, but if one looks on the Secretary of State’s web page, all the results there are only semi-official and incomplete.

  9. In California, independent elector slates need not be associated with a presidential and vice-presidential candidate. If Keller wished to be a free agent or loose cannon, then he should have joined with 54 other individuals, and circulated a petition. Any injury he has incurred is solely due his own (in)action.

    BTW shouldn’t he be referred as a Burrist Elector who sought to manipulate the presidential election to his own ends?

  10. So, according to Demo Rep, every state is, per se, a gerrymander? Well, good luck fixing THAT. You would have an easier chance encouraging dissidents to colonize the moon.

  11. Each State IS a gerrymander district in the USA Senate and the 2 E.C. votes per State in the E.C.

    CRISIS division of States — ME in the 1820 MO crisis about slavery.

    WV – 1863 created by Union Army FORCE during the horrific Civil WAR I.

    Many of the post Civil WAR LOW population western States were created by the Congress Elephants to try and have permanent control of the USA gerrymander Senate.

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