August 22, 2019

Appeals court rules electoral college not bound by popular vote

Washington Times -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.

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.”

1 comment:

Anonymous said...

If electors don't have to do what the voters want, and the electors are picked by the party...why not just have the party pick the nominee and skip the expensive democracy business altogether?


...or we could just get rid of the electors.