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FAITHLESS ELECTORS & THE ELECTORAL COLLEGE
Should presidential electors be free to vote however they wish? Political intrigue abounds! The Electoral College is in the news! Progressives are quoting Alexander Hamilton and The Federalist Papers!
A “progressive” anti-electoral college group is funding lawsuits to actually enforce Art II, Section 1 of the Constitution and the 12th Amendment in order to free presidential electors from any state imposed restraints. A divided 10th Circuit panel ruled in their favor and have struck down Colorado’s statutory requirement that presidential electors must cast their vote for whomever gets the most votes in the state.
If this decision holds up, the Electoral College will no longer be a mere formality. Electors will be actually decide who becomes the next President—just like it was intended. We tell you all about it in this episode of The Law.
The case itself: Baca v. Colorado Department of State
The real plaintiffs: a group called “Equal Citizens”
New York Times article: Electoral College Members Can Defy Voters’ Wishes, Court Rules
From The Constitution Center: Can states control how presidential electors vote?
From the Colorado Sun: “Colorado’s presidential electors don’t have to vote for candidate who wins the state, federal appeals court rules”
Colorado Secretary of State “Electoral College FAQs”
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