Yesterday, Polly Baca and Robert Nemanich, two of the self-aggrandizing Colorado electors that we reported on last week, filed a lawsuit in federal court contesting the state’s 1959 law that binds them to vote in line with the result of Colorado’s popular vote.
The Baca/Nemanich lawsuit makes the outrageous claim that Donald Trump and Mike Pence “represent a unique danger to the Republic” and “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.” Nevermind that this flies in the face of state law, and more than two hundred years of U.S. history.
The lawsuit seeks a temporary injunction because the plaintiffs believe that Colorado’s law violates Article II of the U.S. Constitution and the First Amendment, and it “compels speech in violation of the First Amendment.”
The suit also goes on to claim that the state law “enables demagogues, compels the electors, in contravention of the First Amendment, to vote for them, and eliminates debate among electors on the vital public issue of who should be President.” Yes, you’re reading that right, these folks actually believe that the members of the electoral college should get together and discuss among themselves who they should put in the White House. Forget the people!
Their half-baked scheme drew a sharp (and deserved) rebuke from Secretary of State Wayne Williams, who condemned their actions as “an illegal conspiracy” and “arrogant attempt by two faithless electors to elevate their personal desires over the entire will of the people of Colorado.” Williams went on to explain “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,” and said that his office will “vigorously defend the will of the people of Colorado over two faithless individuals who refuse to uphold their pledge.”
We expect this frivolous lawsuit to be tossed out of court well before the electoral college meets on December 19.