On December 14, U.S. District Court Judge James Robart, a Bush Jr. appointee, refused to enjoin Washington state’s penalty of up to $1,000 for presidential electors who vote in the electoral college for someone other than their party’s nominee. Chiafalo v Inslee, 2:16cv-1886. The seven-page decision says that unlike Colorado, Washington state does not threaten that such electors will be removed from their position if they vote unexpectedly. The decision says on page six, “Washington has no law precluding Plaintiffs from voting as they choose — and having those votes counted.”

As to the $1,000 fine, the decision says that the fine could perhaps be less, because the law just says the penalty shall be no greater than $1,000. The decision also suggests that the state might not levy any fine.

The two plaintiff presidential electors filed an appeal with the Ninth Circuit, 16-36034, but the Ninth Circuit refused to disturb the U.S. District Court decision. The Ninth Circuit simply said “We do not find that appellants have shown a likelihood of success or serious questions going to the merits, or that appellants have shown a likelihood of irreparable harm.” The Ninth Circuit judges were Edward Leavy, a Reagan appointee; and two Clinton appointees, Sidney Thomas and Barry Silverman.