Colorado Politics

Faithless/Hamilton electors lose another round in another court

Gut hunch tells us the quest of Colorado’s two dissenting “Hamilton” electors-who claim the right to cast their Electoral College votes for someone other than the presidential candidate whom the voters have told them to elect-is about to fizzle. Mostly, that’s because they don’t seem to have a legal leg to stand on. So say the courts-two in a row, now-which have shot down the electors on two consecutive days.

On Monday, U.S. District Judge Wiley Daniel rejected the electors’ federal court bid to block a Colorado state law requiring them to cast their votes for the winner of the popular vote in the presidential race.

Then on Tuesday, as reported by the Colorado Independent, a state District Court in a parallel case involving the same electors ordered them even more pointedly to do their duty under the law:

After three hours of testimony from both sides, including the state hauling the electors up on the witness stand, the judge ruled against the electors. They must vote for the winners of the popular vote in the state – Hillary Clinton and Tim Kaine –  or, the judge said, “there will be repercussions.”

Those repercussions, as noted by Independent reporter Corey Hutchins, aren’t altogether clear but do seem to include being replaced by other electors if they don’t toe the line.

Meanwhile, the two electors-Polly Baca and Robert Nemanich-who are the plaintiffs in the federal court case, have filed an appeal of Daniel’s Monday ruling.

How much longer will this affair drag on? Practically speaking, not long at all: The Electoral College will convene Monday to officially elect Donald Trump president.

Baca and Nemanich’s federal court lawsuit against the state law was allowed to proceed; Daniel only denied the plaintiffs’ motion for an injunction. Just a guess: After Monday, the plaintiffs, and the public, will lose interest rather quickly in what Daniel called “a political stunt.”


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Hat tip to Colorado Peak Politics for shedding light on a lawsuit filed late last month by 17 states, including Colorado, against the U.S. Fish and Wildlife Service over a new agency policy enacted under the oft-debated Endangered Species Act. In a post Tuesday, the conservative Colorado Peak Politics, which supports the states’ Nov. 29 suit (filed on behalf […]

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The Hot Sheet – Hillary or JAIL, trading for ‘Trump-icaide,’ Colorado hits the numbers, AGs take Obama to court (sort of) and … MORE!

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