Electoral College Machinations: Baca v. Hickenlooper

One of many impediments to organizing a group of faithless electors is the fact that 29 states and DC have statutes requiring electors to vote for the popular vote winner in the state (>).  Colorado is one such state.  On Dec. 6, 2016 two Colorado electors filed suit in U.S. District Court in Colorado challenging,

"the constitutionality of Colorado’s Presidential Electors statute, C.R.S. § 1-4-304(5), which requires electors to 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.' This statute violates Article II of the U.S. Constitution, the First Amendment, the Twelfth Amendment, and the Fourteenth Amendment."

They argued that, 

"No state, including Colorado, can compel any person, including Plaintiffs, to cast his or her vote for any particular candidate whether in a general election, a special election, or the convention of the Presidential Electors."

A hearing was held on Dec. 12, 2016; Judge Wiley Daniel, ruling from the bench, rejected the lawsuit terming it a "political stunt."  Attorneys for the two electors filed an emergency appeal to the 10th U.S. Circuit Court of Appeals on Dec. 13. Denver Judge Elizabeth Starrs ruled the electors must follow the statute.

See: Baca v. Hickenlooper [PDF]
        Motion for Temporary Restraining Order and Preliminary Injunction [PDF]
        Response to Motion for Preliminary Injunction [PDF]
          Order Denying Preliminary Injunction


December 11, 2016

PRESS RELEASE: Hamilton Defenders complaint against Colorado

December 5, 2016