The 10th U.S. Circuit Court of Appeals on Tuesday ruled 2-1 in favor of “faithless electors,” individuals who cast Electoral College votes for a candidate that is not chosen by the majority of the voters in their state.
“Unlike the president’s right to remove subordinate officers under his executive power and duty to take care that the laws and Constitution are faithfully executed, the states have no authority over the electors’ performance of their federal function to select the president and vice president of the United States,” Judge Carolyn McHugh stated in the court’s opinion.
The case, based out of Colorado, goes back to the 2016 presidential election, when three Democratic Party electors, Micheal Baca, Polly Baca, and Robert Nemanich, were mandated by state law to vote for Hillary Clinton after voters in the state voted for her.
However, in a coordinated national failed attempt to keep President Trump from collecting the necessary 270 electoral votes to win the presidency, the three voted for former Republican Ohio Gov. John Kasich.
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