An Appeals Court actually gets one right!
Aug 21, 2019 16:27:35 #
Court: Electoral College members not bound by popular vote
A U.S. appeals court in Denver said Electoral College members can vote for the presidential candidate of their choice and aren't bound by the popular vote in their states.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that the Colorado secretary of state violated the Constitution in 2016 when he removed an elector and nullified his vote when the elector refused to cast his ballot for Democrat Hillary Clinton, who won the popular vote.
It was not immediately clear what effect the ruling might have on the Electoral College system, which is established in the Constitution. Voters in each state choose members of the Electoral College, called electors, who are pledged to a presidential candidate. The electors then choose the president.
Most states require electors to vote for the candidate who won the popular vote in that state, but the Denver appeals court said the states do not have that authority.
The Constitution allows electors to cast their votes at their own discretion, the ruling said, "and the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right."
The elector at the center of the case, Micheal Baca, was part of a group known as "Hamilton electors" who tried to convince electors who were pledged to Clinton or Donald Trump to unite behind a consensus candidate to deny Trump the presidency.
After a flurry of filings in state and federal courts, the electors met on Dec. 19, 2016, and Baca crossed out Clinton's name on his ballot and wrote in John Kasich, the Republican governor of Ohio who also ran for president.
Then-Secretary of State Wayne Williams refused to count the vote and removed Baca as an elector. He replaced him with another elector who voted for Clinton.
Baca's attorneys said the U.S. Supreme Court will likely hear the case because it conflicts with a decision from Washington state's Supreme Court. That court said in May that electors could be fined for not casting ballots for the popular vote winner.
Colorado's current secretary of state, Jena Griswold, decried the ruling Tuesday in Colorado but did not immediately say if she would appeal.
"This court decision takes power from Colorado voters and sets a dangerous precedent," she said. "Our nation stands on the principle of one person, one vote."
https://apple.news/AF19b8YdtQWKVXcZp8p5kFA
A U.S. appeals court in Denver said Electoral College members can vote for the presidential candidate of their choice and aren't bound by the popular vote in their states.
The 10th U.S. Circuit Court of Appeals ruled Tuesday that the Colorado secretary of state violated the Constitution in 2016 when he removed an elector and nullified his vote when the elector refused to cast his ballot for Democrat Hillary Clinton, who won the popular vote.
It was not immediately clear what effect the ruling might have on the Electoral College system, which is established in the Constitution. Voters in each state choose members of the Electoral College, called electors, who are pledged to a presidential candidate. The electors then choose the president.
Most states require electors to vote for the candidate who won the popular vote in that state, but the Denver appeals court said the states do not have that authority.
The Constitution allows electors to cast their votes at their own discretion, the ruling said, "and the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right."
The elector at the center of the case, Micheal Baca, was part of a group known as "Hamilton electors" who tried to convince electors who were pledged to Clinton or Donald Trump to unite behind a consensus candidate to deny Trump the presidency.
After a flurry of filings in state and federal courts, the electors met on Dec. 19, 2016, and Baca crossed out Clinton's name on his ballot and wrote in John Kasich, the Republican governor of Ohio who also ran for president.
Then-Secretary of State Wayne Williams refused to count the vote and removed Baca as an elector. He replaced him with another elector who voted for Clinton.
Baca's attorneys said the U.S. Supreme Court will likely hear the case because it conflicts with a decision from Washington state's Supreme Court. That court said in May that electors could be fined for not casting ballots for the popular vote winner.
Colorado's current secretary of state, Jena Griswold, decried the ruling Tuesday in Colorado but did not immediately say if she would appeal.
"This court decision takes power from Colorado voters and sets a dangerous precedent," she said. "Our nation stands on the principle of one person, one vote."
https://apple.news/AF19b8YdtQWKVXcZp8p5kFA
Aug 21, 2019 17:38:56 #
lpnmajor
Loc: Arkansas
The Critical Critic wrote:
b Court: Electoral College members not bound by p... (show quote)
Each State has different rules written into their State's Constitution. Some States assign all delegates votes to the candidate who wins the popular vote, some split their delegate votes and some allow delegates to be "courted" who will vote for whomever they choose.
Each State has different rules for how delegates are selected as well. In my State, for instance, voters do NOT select delegates, those slots are auctioned off by the State i.e., whoever donates the most money to the majority party will be selected.....................who are obligated to cast their electoral vote for whomever the Legislature tells them to. Here's how it worked; in 2016, my State announced for the Republican candidate...................after only 27% of the precincts had reported in. How were they able to get away with that? Simple, the GOP had a majority in the Legislature, so the outcome was determined before a single person cast a vote.
Aug 21, 2019 17:55:22 #
The Critical Critic wrote:
b Court: Electoral College members not bound by p... (show quote)
That defeats the purpose! That is communism! They need to vote our wishes not theirs
Aug 22, 2019 03:43:53 #
The decision could give a single elector the power to decide the outcome of a presidential election — if the popular vote results in an apparent Electoral College tie.
A federal appeals court ruled late Tuesday that presidential electors who cast the actual ballots for president and vice president are free to vote as they wish and cannot be required to follow the results of the popular vote in their states.
The decision could give a single elector the power to decide the outcome of a presidential election — if the popular vote results in an apparent Electoral College tie.
"This issue could be a ticking time bomb in our divided politics. It's not hard to imagine how a single faithless elector, voting differently than his or her state did, could swing a close presidential election," said Mark Murray, NBC News senior political editor.
It hasn't been much of an issue in American political history because when an elector refuses to follow the results of a state's popular vote, the state simply throws the ballot away. But Tuesday's ruling says states cannot do that.
The decision, from a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver, is a victory for Micheal Baca, a Colorado Democratic elector in 2016. Under state law, he was required to cast his ballot for Hillary Clinton, who won the state's popular vote. Instead, he crossed out her name and wrote in John Kasich, a Republican and then the governor of Ohio.
The secretary of state removed Baca as an elector, discarded his vote and brought in another elector who voted for Clinton. In a 2-1 decision, the appeals court said the nullification of Baca's vote was unconstitutional.
When voters go to the polls in presidential races, they actually cast their votes for a slate of electors chosen by the political parties of the nominees. States are free to choose their electors however they want, Tuesday's ruling said, and can even require electors to pledge their loyalty to their political parties.
But once the electors are chosen and report in December to cast their votes as members of the Electoral College, they are fulfilling a federal function, and a state's authority has ended. "The states' power to appoint electors does not include the power to remove them or nullify their votes," the court said.
Because the Constitution contains no requirement for electors to follow the wishes of a political party, "the electors, once appointed, are free to vote as they choose," assuming that they cast their vote for a legally qualified candidate.
A total of 30 states have laws that bind electors, requiring them to cast their votes for whichever candidate won that state's popular vote. But the laws are weak, providing only nominal penalties for what are known as "faithless electors" who fail to conform to the popular vote.
The Supreme Court ruled in 1952 that states do not violate the Constitution when they require electors to pledge that they will abide by the popular vote. But the justices have never said whether it is constitutional to enforce those pledges.
Legal scholars said Tuesday's ruling was the first from a federal appeals court on the issue of faithless electors. It applies immediately to the six states of the 10th Circuit: Colorado, Utah, Wyoming, Kansas, Oklahoma and New Mexico.
“This court decision takes power from Colorado voters and sets a dangerous precedent," said Jena Griswold, Colorado's secretary of state. "Our nation stands on the principle of one person, one vote. We are reviewing this decision with our attorneys, and will vigorously protect Colorado voters.”
The federal court ruling conflicts with a decision from Washington state's Supreme Court in May, which said electors must follow the results of the popular vote. "The power of electors to vote comes from the state, and the elector has no personal right to that role,” the court said.
Lawyers from the nonprofit Equal Citizens, which represented the Washington state electors and Baca in Colorado, said they will appeal the Washington ruling to the Supreme Court.
“We know Electoral College contests are going to be closer in the future than they have been in the past. And as they get closer and closer, even a small number of electors could change the results of an election," said Lawrence Lessig, a Harvard law professor who founded Equal Citizens and is part of its legal team. "Whether you think that’s a good system or not, we believe it is critical to resolve it before it would decide an election.”
If the Supreme Court chooses to take up the dispute, it would have time to rule on the issue before the Electoral College meets in December 2020 to cast the formal vote for president.
https://apple.news/A58kZJ-7fRNeVyMP_KGemfA
A federal appeals court ruled late Tuesday that presidential electors who cast the actual ballots for president and vice president are free to vote as they wish and cannot be required to follow the results of the popular vote in their states.
The decision could give a single elector the power to decide the outcome of a presidential election — if the popular vote results in an apparent Electoral College tie.
"This issue could be a ticking time bomb in our divided politics. It's not hard to imagine how a single faithless elector, voting differently than his or her state did, could swing a close presidential election," said Mark Murray, NBC News senior political editor.
It hasn't been much of an issue in American political history because when an elector refuses to follow the results of a state's popular vote, the state simply throws the ballot away. But Tuesday's ruling says states cannot do that.
The decision, from a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver, is a victory for Micheal Baca, a Colorado Democratic elector in 2016. Under state law, he was required to cast his ballot for Hillary Clinton, who won the state's popular vote. Instead, he crossed out her name and wrote in John Kasich, a Republican and then the governor of Ohio.
The secretary of state removed Baca as an elector, discarded his vote and brought in another elector who voted for Clinton. In a 2-1 decision, the appeals court said the nullification of Baca's vote was unconstitutional.
When voters go to the polls in presidential races, they actually cast their votes for a slate of electors chosen by the political parties of the nominees. States are free to choose their electors however they want, Tuesday's ruling said, and can even require electors to pledge their loyalty to their political parties.
But once the electors are chosen and report in December to cast their votes as members of the Electoral College, they are fulfilling a federal function, and a state's authority has ended. "The states' power to appoint electors does not include the power to remove them or nullify their votes," the court said.
Because the Constitution contains no requirement for electors to follow the wishes of a political party, "the electors, once appointed, are free to vote as they choose," assuming that they cast their vote for a legally qualified candidate.
A total of 30 states have laws that bind electors, requiring them to cast their votes for whichever candidate won that state's popular vote. But the laws are weak, providing only nominal penalties for what are known as "faithless electors" who fail to conform to the popular vote.
The Supreme Court ruled in 1952 that states do not violate the Constitution when they require electors to pledge that they will abide by the popular vote. But the justices have never said whether it is constitutional to enforce those pledges.
Legal scholars said Tuesday's ruling was the first from a federal appeals court on the issue of faithless electors. It applies immediately to the six states of the 10th Circuit: Colorado, Utah, Wyoming, Kansas, Oklahoma and New Mexico.
“This court decision takes power from Colorado voters and sets a dangerous precedent," said Jena Griswold, Colorado's secretary of state. "Our nation stands on the principle of one person, one vote. We are reviewing this decision with our attorneys, and will vigorously protect Colorado voters.”
The federal court ruling conflicts with a decision from Washington state's Supreme Court in May, which said electors must follow the results of the popular vote. "The power of electors to vote comes from the state, and the elector has no personal right to that role,” the court said.
Lawyers from the nonprofit Equal Citizens, which represented the Washington state electors and Baca in Colorado, said they will appeal the Washington ruling to the Supreme Court.
“We know Electoral College contests are going to be closer in the future than they have been in the past. And as they get closer and closer, even a small number of electors could change the results of an election," said Lawrence Lessig, a Harvard law professor who founded Equal Citizens and is part of its legal team. "Whether you think that’s a good system or not, we believe it is critical to resolve it before it would decide an election.”
If the Supreme Court chooses to take up the dispute, it would have time to rule on the issue before the Electoral College meets in December 2020 to cast the formal vote for president.
https://apple.news/A58kZJ-7fRNeVyMP_KGemfA
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