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SCOTUS Case Tests If Electoral College Members Can Go Rogue
Democracy At Stake: “Faithless Electors” SCOTUS Case Tests If Electoral College Members Can Go Rogue
The Supreme Court heard arguments on Wednesday in a case that could shape the outcome of future presidential elections. The question at hand was whether Electoral College members can “go rogue” and support candidates who did not win the state’s popular vote.
In 2016, one of Colorado’s nine electors, Michael Baca, attempted to cast his Electoral College ballot for Republican John Kasich instead of Democrat Hillary Clinton. The Colorado secretary of state at the time — a Republican — removed Baca as an elector. Colorado is one of 31 other states that has a law requiring presidential electors to vote for the candidate who wins the state’s presidential election popular vote.
Baca sued Colorado, and the Denver-based 10th U.S. Circuit Court of Appeals ruled his removal was unconstitutional. The case reached the Supreme Court this week. We speak with Colorado Secretary of State Jena Griswold, who says, “What is at stake in this case is the foundation of our democracy.”