Anti-Trumpers clinging to threadbare hopes that faithless electors will deny him the White House got thrown another flimsy lifeline on Friday.
But you’ll have to look awfully hard for it, because it’s buried deep in the footnotes of a court ruling on faithless electors. POLITICO reports:
‘In a footnote appended to an order issued late Friday in a Colorado lawsuit, a three-judge panel of the 10th Circuit Court of Appeals suggested state officials may be constitutionally barred from removing electors once they’ve started voting.’
In other words, states that require members of the Electoral College to vote for the winners in their states can take action against faithless electors…But they can’t bar them from casting their votes.
‘In their order, the judges said any attempt by Colorado Secretary of State Wayne Williams to remove electors “after voting has begun” would be “unlikely in light of the text of the Twelfth Amendment.”‘
Uh-Oh. This could throw a serious wrench in the works for states with laws that require faithless electors to be removed.
Back in November, would-be faithless elector Polly Baca from Colorado and her colleague Robert Nemanich launched a group called The Hamilton Electors. Although they’re Democrats who support Hillary Clinton they’ll do anything to keep Donald Trump out of the White House…Even if it means voting for Ohio’s Governor John Kasich instead of Hillary Clinton.
Since Democrats never seem to learn that compromising with Republicans never leads to anything good, these faithless electors filed a legal challenge against a Colorado law that compels them — along with their state’s seven other electors — to vote for the winner of their state’s popular vote.
That’s right. They’d throw Hillary Clinton under the bus because they know there’s no chance in hell Republicans would do the right thing and vote for Hillary Clinton.
Alas for would-be faithless electors, ABC 7 reported last week that Federal Judge Wiley Daniel flat out denied the motion because allowing them to buck their state’s popular vote “would undermine” the electoral process.
‘The judge said voters had a reasonable expectation that electors should vote with the public and called the suit a “political stunt.”‘
But because of that footnote, states may not be able to keep faithless electors from voting their conscience. Meanwhile, Michael Baca (no relation to Polly, apparently) and other would-be faithless electors from Colorado couldn’t quite get on board with voting against Hillary Clinton and opted for a different anti-Trump strategy on Monday.
‘[I]nstead, 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.’
POLITICO notes: “The three judges on the panel were Barack Obama-appointees Nancy Moritz and Carolyn McHugh, along with Bill Clinton-appointee Mary Beck Briscoe.”