fbpx

CASE ENTRY

Baca v. Colorado Department of State

In 2016, a Colorado presidential elector breaks faith and votes for John Kasich instead of the winner of the statewide popular vote (as required by state law). Colorado removes the elector and nullifies his vote. Did that violate the elector’s constitutional rights? It did, says two-thirds of a Tenth Circuit panel. The Constitution provides presidential electors with the right to vote using their discretion, and states do not have the power to remove an elector or nullify an already-cast vote.


Tags: 2019, Mootness, Standing, Tenth Circuit

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.

JOIN THE FIGHT!