Posted on 12/13/2016 6:10:27 PM PST by drewh
DENVER – The two Colorado electors who saw their attempts to get a state law that requires them to vote for the winner of the state’s popular vote for president dashed by a federal judge Monday filed an appeal Tuesday in the 10th U.S. Circuit Court of Appeals.
Monday, U.S. District Court of Colorado Judge Wiley Daniel denied Polly Baca and Robert Nemanich’s motion for a temporary restraining order that would have blocked the state law that now requires they vote for Hillary Clinton, since she won Colorado’s popular vote.
Nemanich is an elector from Colorado Springs and Baca is a former state senator and elector from Denver.
The two “Hamilton Electors” filed the motion last week as part of a nationwide push by some of the 538 members of the Electoral College to try and elect someone other than Donald Trump to the presidency when they all vote Dec. 19.
The two are among nine electors chosen and authorized by the Democratic Party at the national convention in April and have already signed sworn affidavits they would vote for the Democratic candidates for president should they win in Colorado.
But Judge Wiley sharply rebuked their attempts Monday in court, saying granting the motion “would undermine” the electoral process, and calling their motions a “political stunt.” He said they should seek change through the state Legislature if they are unhappy with the laws and process.
Both Baca and Nemanich say they cannot “in good faith” vote for Clinton as state law requires, nor could they vote for Donald Trump had he won the state because the nine Republican electors chosen at the RNC would be casting their votes at the governor's office next Monday.
Their lawyer said Monday after the motion was denied that both were willing to face the consequences of not voting for Clinton should they be sworn in Dec. 19. They are subject to fines of up to $1,000 and could face jail time should they take the elector pledge and not adhere to state law.
They could also decide not to take the oath and would be replaced.
A spokeswoman for the Secretary of State’s Office says the Tenth Circuit does not have to take up the appeal before next Monday’s elector ceremony.
The appeal has yet to be put on the court’s docket.
Micheal Baca, another of Colorado’s electors, had threatened to become a “Hamilton Elector” and join the suit. But instead, he on Monday joined a push by other electors across the country to be briefed by the intelligence community on purported hacks allegedly carried out by Russians with ties to the Kremlin before they cast their Electoral College vote on Dec. 19.
Tuesday, he told Colorado Public Radio he would vote for a non-Trump Republican instead of Clinton, which is also against state law.
Follow Colorado Matters @ColoradoMatters Hamilton Elector Micheal Baca: “I will be voting for a Republican” for president. Not Trump. Commits to not following state pop vote 11:16 AM - 13 Dec 2016 1 1 Retweet 1 1 like DENVER DISTRICT COURT JUDGE SAYS ELECTORS COULD FACE PROSECUTION
A Denver District Court judge on Tuesday afternoon heard arguments from both sides in order to determine the legal ramifications the electors could face in Colorado should they not follow state law.
Judge Elizabeth A. Starrs ruled that if Baca or Nemanich – or any elector, for that matter – does not take the oath to adhere to their duties or fails to follow state law and vote for Clinton that they will be removed and replaced, and could be prosecuted.
Their attorney said he is evaluating whether or not to appeal the decision to the state Supreme Court. Both Nemanich and Baca said they were still evaluating their votes pending the Tenth Circuit appeal and a possible Supreme Court appeal.
Secretary of State Wayne Williams told Denver7 the ruling “means the people are supreme in Colorado.”
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Thank you, that appears to be the reason and prevailing opinion here and on talk shows.
They're trying to remove the consequences (read:prosecution) of being a faithless elector.
Not that they can affect much of anything themselves.
It's a crazy desperate attempt to try to lure any wavering Trump electors who may or may not exist to change their vote.
Don't fret, it won't happen.
It’s time to tell these adults-acting-like-kids to get off this kick of telling lies and getting by with it. When are those with a mike.. (Hannity, etc) going to treat this like the lying crap it is and not give microphone time to anyone who comes on and wants to “discuss” this lie, or to “investigate” this lie.... treat it for what it is... to take out our President Elect and destroy our votes. I’m tired of the talk and anyone giving it credibility... it’s stupid and it’s a lying sack of left wing/media garbage. Lower their stature by telling them they sound like a kid and acting like one too... and laugh at the absurdity of their trying this stunt. Let them know we voters do not believe anything they do or say... but there are voters who will... so stop the lies!
Clinton won Colorado. The electors are bound to Clinton.
CRS §1-4-304(5) Each presidential elector shall vote for the presidential candidate and, by separate ballot, vice-presidential candidate who received the highest number of votes at the preceding general election in this state.
https://www.sos.state.co.us/pubs/elections/LawsRules/files/Title1.pdf
The U.S. Constitution is very clear, the state legislatures sets the rules for the electors in their respective states.
Soros.
What is with the fake news headline??? These guys are Rats and by law have to vote for Hill.
They want to vote for Trump.
...Colorado went to Hillary.
They can not vote Trump anyway...
If they win in the 10th Circuit, the win will apply to every state in the 10th Circuit, freeing up all that are in states in the 10th Circuit with laws to bind them to vote for whomever they want.
If they lose and appeal to SCOTUS and win, every state in the 29 with Elector binding will be unbound to vote for anyone.
Yes, this IS a possible BIG deal.
Does Texas have a similar oath?
If these electors refuse to act the other electors present at the time of voting shall replace that elector.
CRS §1-4-304(1) The presidential electors shall convene at the capital of the state, in the office of the governor at the capitol building, on the first Monday after the second Wednesday in the first December following their election at the hour of 12 noon and take the oath required by law for presidential electors. If any vacancy occurs in the office of a presidential elector because of death, refusal to act, absence, or other cause, the presidential electors present shall immediately proceed to fill the vacancy in the electoral college. When all vacancies have been filled, the presidential electors shall proceed to perform the duties required of them by the constitution and laws of the United States. The vote for president and vice president shall be taken by open ballot.
I’m sure these individuals are footing all the legaL bills for their electoral hissy fit
Headline of the Day Poll
Should the Electoral College be abolished?
Yes, direct democracy is the only fair way to hold elections
No, it preserves the vital concept of Federalism
Read more: http://www.headlineoftheday.com/2016/12/11/should-the-electoral-college-be-abolished/#ixzz4SmIopPuE
Probably Stein wackos
The electors do sign an affadavit with their parties to vote for their respective candidates. At best this could be a civil matter between the Republican party of Texas and this unfaithful POS. I suppose it depends on what the affadavit requires. I also suppose the Texas Republican party could exert pressure on him to go away and make room for someone with integrity.
Fake Headline = Fake News.
Moron electors don’t know Kasich is pro-life.
Hilarious watching liberals ditch Hillary because they’re caught up in the grip of Trump Derangement Syndrome.
I feel embarrassed for Colorado.
Is the EC certification on December 19th?
Oops..just saw the date on the article....NEVER mind
That’s when they vote.
Not going to happen.
A District Court judge rarely gets reversed on appeal.
Especially when its from people so stupid they’re incapable of following state law.
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