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Lawsuit Challenging Electoral College Moves Forward

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Two presidential electors in Colorado have filed a federal lawsuit in a last-minute attempt to block President-elect Donald Trump by changing their state's Electoral College rules to allow electors to cast their vote for whomever they please, no matter who the public voted for.

“Though [Democratic nominee] Hillary Clinton and [running mate] Timothy Kaine won the majority vote in Colorado and are qualified for office, plaintiffs cannot be constitutionally compelled to vote for them,” the lawsuit states, according to Politico. “Plaintiffs are entitled to exercise their judgment and free will to vote for whomever they believe to be the most qualified and fit for the offices of president and vice president, whether those candidates are Democrats, Republicans or from a third-party.”

The lawsuit was filed by Polly Baca, a former Colorado state lawmaker, and Robert Nemanich, reported The Denver Post. Baca and Nemanaich describe themselves as “Moral Electors” and their strategy is to convince Republican electors in other states to vote for a third-party candidate to prevent Trump from receiving 270 electoral votes.

Baca and Nemanaich will then offer to cast their votes for a “consensus pick,” but who that might be has not been determined.

But Colorado's Republican Secretary of State Wayne Williams said such a strategy violates the U.S. Constitution.

“Instead of honoring the will of the Coloradans who voted for them, these two faithless electors seek to conspire with electors from other states to elect a president who did not receive a single vote in November,” Williams said in a statement. “Make no mistake, this is not some noble effort to fight some unjust or unconstitutional law; rather, this is an arrogant attempt by two faithless electors to elevate their personal desires over the entire will of the people of Colorado. And in so doing, they seek to violate Colorado law and their own pledges.”

He added: “The very notion of two Colorado electors ignoring Colorado’s popular vote in an effort to sell their vote to electors in other states is odious to everything we hold dear about the right to vote.”

A hearing for the lawsuit will be held on Dec. 12, according to Politico. 

The nation's electors meet to cast their votes on Dec. 19.

Sources: Politico, The Denver Post / Photo credit: Gage Skidmore/Flickr

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