A federal judge in Colorado Monday denied a motion filed by two electors seeking to remove the state law that requires them to vote for the presidential candidate who won the state’s popular vote.
“It would undermine the electoral process,” Judge Wiley Daniel said during a hearing in U.S. District Court in Denver. “Part of me thinks this is really a political stunt to prevent Mr. Trump from being president.”
The two Democrat electors, Polly Baca and Robert Nemanich, argued that it was unconstitutional for the state to require that they cast their votes for the candidate chosen by voters.
Wiley recommended they should seek to change the state law if they are unhappy with the outcome.
Republican Secretary of State Wayne Williams pledged to replace Baca and Nemanich if they don’t vote in accordance with the law.
“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.
Williams added that the electors had “succumbed to cabal, intrigue and corruption.” He praised Daniel’s decision in a statement on Twitter.
Judge Daniel was extraordinarily well prepared. He had reviewed in detail & frequently cited relevant cases in his questioning. #copolitics
— Wayne Williams (@ColoSecofState) December 12, 2016
Colorado Attorney General Cynthia Coffman argued last Friday that “chaos” would ensue if the Electoral College lawsuit were to succeed.
“This Court should not countenance Plaintiffs’ attempt to dismantle the Electoral College from within,” Coffman said in a federal court filing. “It should reject as an affront to this nation’s model of democracy this effort to disenfranchise millions of Coloradans by usurping their collective choice of candidates and replacing it with Plaintiffs’ own personal opinions about who is fit for the office of President. Holding otherwise would cause chaos.”
If Baca and Nemanich fail to uphold the election code they could face potential fines or jail time.
Baca, along with nine other electors, have already demanded a national intelligence briefing regarding the Russian government’s possible interference in the U.S. election.
The electors are set to cast their Electoral College votes on Dec. 19.
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