Uniform State Laws Commission Asks U.S. Supreme Court to Hear Presidential Electors Case and Rule that Tenth Circuit was Wrong

On November 20, the National Conference of Commissioners on Uniform State Laws filed this amicus brief in Colorado Department of State v Baca, asking the U.S. Supreme Court to hear the case and reverse the Tenth Circuit.

The Uniform State Laws has been working since 2010 to persuade states to pass laws to fire presidential electors who don’t vote for the presidential candidate who received the most popular votes in their own state.


Comments

Uniform State Laws Commission Asks U.S. Supreme Court to Hear Presidential Electors Case and Rule that Tenth Circuit was Wrong — 18 Comments

  1. One aspect of this issue that I’ve never really seen discussed (although it may have been) is the Wallace gambit. For those who are too young to remember, in 1968 when Governor Wallace ran for President his strategy was to win enough states to deny both Nixon & Humphrey a majority in the Electoral College. Then during the weeks between the General Election and the Electors voting in December he planned to shop them to both candidates, looking to see who would be willing to support specific legislative proposals to gain his Electors and thereby avoiding having the U. S. House Constitutionally vote for President in January, 1969.

  2. For any 2020 ***faithless*** 12 AMDT electors — which domestic and/or foreign gang(s) will make —

    the worst [effective] DEATH threats ???

    the best BRIBES [highest $$$ – BILLIONS/TRILLIONS] ???

    Abolish the super timebomb EC.

    1860 EC timebomb – went off – 750,000 DEAD in 1861-1866

    The new rotted Elephants in POWER kept the EVIL rotted system.

    PR and AppV and TOTSOP

  3. Okay, Demo Rep. Let’s say that we DIDN’T have the electoral college in 1860. Does Lincoln still get elected with less than 40% of the popular vote? What then? Could Civil War have been averted WITHOUT the electoral college? I don’t think so.

  4. WZ —

    IF approval voting in 1860 –

    then 1 of the Donkeys would likely have been elected Prez — 60 – 40.

    Industrial revolution got going with $$$ OIL in 1850s – with major econ pressure to end slavery.

    Also abolish the gerrymander USA Senate –

    A prime cause of Civil War I – since free/slave State pair admissions in 1790s onward.

    1861 Kansas free State [after major bloody Kansas in 1850s] – more doom for slavery.

    EVIL rotted super-rich oligarchs LOVE their Net Worths — let everybody else rot and die.

    IE – NOT enough of the top slavery oligarchs got killed off in 1861-1866.

    Backing up some centuries –
    many of the olde EVIL rotted super-rich oligarchs in England got killed off in the English-French 100 years war and the later War of the Roses in England —

    letting the weak English Parliament to increase power esp from 1603 onwards [after passing of Queen Eliz I]
    – defeat of King Charles I in 1649 [beheaded for treason]

    and escaping of King James II in 1688-1689 [Glorious Revolution]
    1689 English Bill of Rights Act.

    Slavery prohibited in England.
    BUT allowed in Brit colonies until 1833 — ie infected VA colony in 1619 and other colonies/ later States.

    The 1787 Const was rigged by the EVIL combination of the small States and slave States — 3/5 math for Reps, Senate math , EC math.

    1787 Free States put up with slavery. etc. – to prevent Europe monarch/oligarch killer regimes from getting bases in slave States.

    3/5 math blasted out with 13 Amdt and 14-2 Amdt.
    Other math ROT waiting to be repealed.

  5. @RW,

    That is misleading. The non-faithful electors had represented to their party, to the state, and to the voters that if the presidential candidate they were associated with received the most votes in their state, thereby causing their election, that they would vote for that presidential candidate.

    How many voters in Colorado knew who Michael Baca was?

    Electors should be chosen as individuals in a manner similar to how delegates are chosen in Alabama. Any voter can run for delegate and assert that they support a particular presidential candidate, can then reduce them in number equal to those to be chosen. The election could be Top 2. In Colorado the ballot would say vote for no more than 9. The Top 18 would advance to the general election.

  6. So, okay, Demo Rep. Let’s say they had approval voting in 1860. Maybe Stephen Douglas would have been elected. But, then what? The same political situation that prevailed under Buchanan would have continued. I suppose it could be argued that continued stalemate is to be preferred to civil war. But, then the discord in the territories with regard to slavery would have continued.

  7. @Jim Riley…. That’s not accurate… electors are selected by the party BEFORE the nominee is ever known. The only state that allows the candidates themselves to pick their electors is Pennsylvania.

  8. WZ –

    Perhaps the FREE States and FREE territories would have seceded ???

    — and with their new industrial power have left the slave States in the econ dust

    — as 4th world regimes

    — with systematic support for slave rebellions in the border States ???

    Very limited game stuff about what ifs and buts [and candy and nuts] in the evil rotted past —
    like — what if Hitler had been blown to bits in Aug 1914 in WW I – IE no Hitler nazi party in 1921-1945.
    —-
    The current ANTI-Democracy minority rule gerrymander systems are INTOLERABLE/SUPER-timebombs.

    PR and AppV and TOTSOP — IE REAL Democracy on paper = much better chance for REAL Democracy in fact — a TOTAL *change* in the thinking / actions of the top Donkeys/Elephants – esp re deficits, debt, foreign wars, etc.

  9. Well, Demo Rep, IMO, the best option to avoid civil war would have been for Lincoln to permit the secession, and send the Union army West to hold the territories. Then pressure the Southern states to pay for the federal property that they seized in return for recognition.

  10. And, one one thing, Demo Rep. Lincoln could have repealed the Fugitive Slave Act, and encouraged fugitive slaves to settle in the Western territories.

  11. WZ –
    More game stuff –

    1. the rotted Brits COULD HAVE prohibited slavery in the ALL Brit colonies on Day 1 of having ANY colony.

    2. The rotted oligarchs in the top secret 1787 Fed Convention COULD HAVE prohibited slavery in ALL of the USA – see 1787 NW Ordinance – NO slavery language in the Free State Consts and later the 13 Amdt.

    3. Earlier — Cane COULD HAVE N-O-T killed Abel in that olde book.

    Basic useless to play what if games – too many variables.

  12. NOT sure what percent of the genius/DEVIL morons involved in the 1850 Compromise[s] and the 1854 Kansas-Nebraska Act and 1857 Dred Scott in SCOTUS

    who survived
    to count the DEAD and injured in 1861-1866 as a direct result of their 1850-1857 machinations
    AND
    saw the 13-14-15 Amdts in 1865-1870.
    —-
    PR and AppV and TOTSOP — the easy way or the very hard way ???

  13. What the 1850-1857 morons did was to buy TIME for the Free States to be econ able to destroy slavery later via new iron production methods – more railroad rails, locomotives, telegraph wires, cannons, rifles, iron-clad Monitors, etc. [IE — WAR Production – esp. in OH-PA]

    along with the population growth in 1830s-1840s to age and be available for liberation of the slaves in 1861-1866.

  14. @Andrew,

    What percentage of the Colorado voters believed that Michael Baca would go rogue, when they voted for Hillary Clinton?

    It is true that most of the rogue electors were from states where delegates and electors were chosen at conventions dominated by Sanders supporters. The delegates to the national convention were Sanders supporters, and so were the elector candidates.

    The state political parties submit to the state election authorities their nominees for president and vice president, along with those candidate’s assent to being associated with the state party. They also submit the list of elector candidates. The USCL model Faithful Elector law requires those elector candidates to pledge to support not the party, but pledge that if elected they will mark their ballots for the President and Vice President nominees of the party.

    These pledges are executed at the time the party submits its nominees to election officials.

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