Electoral College: Court sides with faithless electors

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Robert Nemanich - COURTESY ALLEN TIAN
  • Courtesy Allen Tian
  • Robert Nemanich
The 10th U.S. Circuit Court of Appeals ruled 2-1 that three members of the Electoral College should not have been forced to vote for Hillary Clinton after she won Colorado’s popular vote in the 2016 presidential election.

Micheal Baca, Polly Baca and Robert Nemanich, all Democratic party electors, had planned to vote for Republican John Kasich as part of a failed national attempt to deprive Donald Trump of enough votes to gain the presidency. Only Baca actually did vote for Kasich, and he was promptly replaced as an elector by the office of then-Secretary of State Wayne Williams.

The court ruled it was unconstitutional for Baca to be removed.

The ruling is in conflict with a recent Washington state Supreme Court decision which found faithless electors can be fined.

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