Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court rules Electoral College members aren't bound by popular vote
Washington Times ^

Posted on 08/21/2019 2:28:30 PM PDT by mplc51

DENVER — 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.”

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: appealscourt; colorado; constitution; denver; electoralcollege; faithlesselectors; lawsuit; nationalpopularvote; npv; ruling
Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 241-254 next last
To: mplc51

The left has AOC. The right needs a Madison in congress to rattle GOP colored socks gang.


101 posted on 08/21/2019 3:56:32 PM PDT by Eddie01
[ Post Reply | Private Reply | To 1 | View Replies]

To: mplc51

They should be.

That’s their job.


102 posted on 08/21/2019 3:57:15 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith..)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mplc51

“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.”
This is called tyranny of government.


103 posted on 08/21/2019 3:58:12 PM PDT by antidemoncrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Freeborn
It would therefore also be constitutional for a state legislature to impose a fidelity to the popular vote oath.

Maybe If the little district judge blocks it and many months later the SCOTUS happens to not be too timid to rule, and doesn't take off on another recess vacation and wait July,2021 to rule "maybe."

104 posted on 08/21/2019 4:00:19 PM PDT by frank ballenger (End vote fraud,harvesting,non-citizen votforbing & leftist media news censorship or we are finished.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: DoodleDawg
"Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress."- Article II, Section 1."

"That would seem to me to say that a state can remove an elector who does it actin it the manner that the state legislature directed."

Based on what words? There's nothing there that implies such a thing.

It only says the the legislatures appoint electors. At the time this was written it wasn't assumed that the electors would have pre-determined instructions. They are empowered to be a deliberative body.

There is no constitutional right for the people to vote for President. That was a choice left to the states, acting through a panel of electors.

105 posted on 08/21/2019 4:00:40 PM PDT by mlo
[ Post Reply | Private Reply | To 56 | View Replies]

To: mplc51

I thought this was well established as a matter of law. “Faithless electors” and all that. If this were not the case why would Debra Messing, et al. have spent good money to make TV ads pleading with the 2016 Electors to abandon Trump?

I mean, it was a dumb idea, but had it been an impossible, or illegal, idea, I doubt they would have run the ads. And I saw them several times in the NY/NJ market which must be one of the most expensive ones.


106 posted on 08/21/2019 4:01:18 PM PDT by jocon307
[ Post Reply | Private Reply | To 1 | View Replies]

To: mplc51

Democrats dont care about votes or elections,

They are about winning by any means.


107 posted on 08/21/2019 4:02:23 PM PDT by a fool in paradise (Denounce DUAC - The Democrats Un-American Activists Commitee)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DannyTN
"Where does the judge get off overriding the state legislature when the Constitution clearly assigns the power to the state legislature?"

The Constitution gives the states the power to appoint electors. It doesn't go beyond that.

108 posted on 08/21/2019 4:05:42 PM PDT by mlo
[ Post Reply | Private Reply | To 87 | View Replies]

To: butlerweave

Yep.

Could start a conflict among the smaller states legislators and public.
That could spread quickly.

5.56mm


109 posted on 08/21/2019 4:05:45 PM PDT by M Kehoe (DRAIN THE SWAMP! BUILD THE WALL!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: headstamp 2

Actually, it’s constitutional. The Founders put up checks and balances all over the place and for good reason.

Or are you with Hillary et al, and are pushing for the elimination of the EC?


110 posted on 08/21/2019 4:07:07 PM PDT by AFreeBird
[ Post Reply | Private Reply | To 9 | View Replies]

To: Celerity
Can I print this on a tshirt?


Of course you can. But I would not recommend it, :) .
111 posted on 08/21/2019 4:07:48 PM PDT by The_Media_never_lie (Please, oh pretty please let Crazy Uncle Joe Biden be the nominee.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: savedbygrace

Electing representatives to cast your vote IS a constitutional republic madam.


112 posted on 08/21/2019 4:08:32 PM PDT by Skywise
[ Post Reply | Private Reply | To 85 | View Replies]

To: Bonemaker

Stop the parties from nominating the electors?! My GOD man - who do you think you’re voting for in the actual elections? People the party put up for a vote that they wanted you to vote for!


113 posted on 08/21/2019 4:11:42 PM PDT by Skywise
[ Post Reply | Private Reply | To 89 | View Replies]

To: AFreeBird

[[[Or are you with Hillary et al, and are pushing for the elimination of the EC?]]]

You caught me, I’m a communist. LOL

Just asking questions.


114 posted on 08/21/2019 4:12:21 PM PDT by headstamp 2 (There's a stairway to heaven, but there's a highway to hell.)
[ Post Reply | Private Reply | To 110 | View Replies]

To: Jim Noble

Maybe this will help others if I have it correct:

Myself and other voters in my state cast our votes.
The winner, in my state, is Trump.
The GOP in my state selects the electors.
It is assumed that those electors chosen by the winning party of my state will vote for Trump at the convention.

However, if one or two choose not too, that is legal except now they will lose any love they may have had from the party leadership.


115 posted on 08/21/2019 4:12:59 PM PDT by snippy_about_it
[ Post Reply | Private Reply | To 82 | View Replies]

To: mplc51
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.

Question for the court; Then what is the point of the Electoral College than to overturn the will of the voters?

116 posted on 08/21/2019 4:14:48 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mplc51
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.

Question for the court; Then what is the point of the Electoral College? Seems they think it is to overturn the will of the voters.

117 posted on 08/21/2019 4:15:42 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mplc51

I remember quite a few decades ago when, in a Presidential election, the electoral votes were divvied up, ONE voter in some state revolted, and threw his vote to a third party candidate.

I don’t remember the candidate.


118 posted on 08/21/2019 4:16:35 PM PDT by Ruy Dias de Bivar
[ Post Reply | Private Reply | To 1 | View Replies]

To: mlo

The States have what rights and powers the Constitution doesn’t deny them, not what the Constitution gives them.

In the details are conflicts of course.

Gere, I don’t see where the State is usurping the Constitution.


119 posted on 08/21/2019 4:17:59 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
[ Post Reply | Private Reply | To 108 | View Replies]

To: mplc51
I would say it depends on the laws of the State involved. If Colorado law eg states that an elector “shall” vote for the candidate winning the popular vote, then he is bound by the law to do so. He is merely a ceremonial figure. The original idea however was much broader: the elector was chosen by the state legislature and could vote for whom ever he pleased. No doubt legislators knew pretty well who the guy would vote for, but that was original intent.
120 posted on 08/21/2019 4:19:51 PM PDT by hinckley buzzard (Power is more often surrendered than seized.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 241-254 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson