The film footage at the top of this news story shows the initial results when the Colorado electors met. The presiding officer says that eight votes have been cast for Hillary Clinton, and one invalid vote has been cast that cannot be counted. The presiding officer then asks for volunteers to replace the one elector who did not vote for Clinton. Some members of the audience then are heard objecting to the ruling.
Here is the cert petition in Sarvis v Alcorn, the case over the Virginia law that always puts the Republican and Democratic nominees on the top of the ballot. The case number is 16-781.
See this story about the electoral college vote in Olympia, Washington. It says the Secretary of State plans to enforce a $1,000 fine against each of the four. This is actually good news for those who believe the courts should settle the question of whether duly-elector presidential electors can be punished for voting for someone other than expected. It guarantees that their pending lawsuit won’t be deemed moot. Thanks to Eric Garris for the link.
Ohio law says a party that polled 3% or more for President in 2016 is entitled to party status. Gary Johnson polled 3.17% of the presidential vote in Ohio last month, and on December 2, the Libertarian Party asked the Secretary of State to recognize the Libertarian Party. On December 16, the Secretary of State refused, in a two-page letter that gives no rationale at all for the denial. It merely says that the party’s attorney, Mark Brown, once wrote in a brief that it isn’t likely that a party can be recognized based on its vote if it hadn’t previously been recognized.
On December 19, the party asked the State Supreme Court to reverse the Secretary of State’s decision. The court has discretion as to whether to hear the case, which is called State ex rel Fockler v Husted. Here is the brief.
On December 19, seven presidential electors were allowed to cast votes for presidential candidates other than Donald Trump or Hillary Clinton. They include two Republicans from Texas, four Democrats from Washington, and one Democrat from Hawaii. See this map.
In addition, attempts were made in Maine, Minnesota, and Colorado.
The other presidential candidates who got votes were: Bernie Sanders 1; Colin Powell 3; Ron Paul 1; John Kasich 1; Faith Spotted Eagle 1. Thanks to Andy Craig for that information.
2016 had the highest number of “disobedient” electors for president since 1808 (unless one considers the 1872 Democratic votes “disobedient”, but that was a special case because the Democratic presidential nominee had died after the November election but before the electors met). Also this is the first election with “disobedient” presidential votes from the ranks of two different parties. And it is the first election since 1796 in which more than six individuals received electoral votes for president. In 1796 thirteen individuals received electoral votes, but back then every elector had two votes and the intent was that most of the candidates who got votes were considered potential vice-presidents, not presidents.
For more, see How are Electors Chosen?
