Group behind national popular vote says recent court ruling doesn’t affect effort

By  Derek Draplin | The Center Square

The group behind the national popular vote effort says a recent federal appeals court ruling doesn’t affect the compact that’s been made law in several states.

The U.S. Court of Appeals for the 10th Circuit ruled last week in Baca vs. Colorado Department of State that the state’s actions in removing and replacing one of the state’s nine electors in the 2016 presidential election was unconstitutional.

Bruce Parker/TNR

Colorado has joined 14 other states and the District of Columbia is joining the national popular vote compact.

The ruling means that electors can vote for whichever candidate they choose, and several state laws requiring electors to vote a certain way could be in jeopardy if the U.S. Supreme Court reviews the case.

The ruling also raised questions about national popular vote laws that several states, including Colorado, have passed.

“The decision does not affect the operation of the National Popular Vote interstate compact, because the compact does not rely on the state laws that purport to require presidential electors to vote a certain way,” National Popular Vote Inc. Chairman Dr. John Koza said in a statement. “The compact does not try to tell presidential electors to vote a certain way.”

The case involved “faithless” elector Micheal Baca, who refused to cast his vote for Hillary Clinton in the 2016 presidential election, the candidate who won the popular vote in Colorado. Baca was later removed and replaced with an elector who backed Clinton.

Colorado’s national popular vote law requires the state’s nine electoral votes to be cast for the presidential candidate who wins the national popular vote, but the compact only takes effect when enough states join it to total at least 270 electoral votes, the number needed to win the presidency.

Koza said the compact actually operates the same way several states already operate, and thus states that have joined the national popular vote compact aren’t impacted by the ruling.

“The National Popular Vote Compact would operate in a manner identical to the system that has been used for over 200 years in the 24 or so states that do not have laws requiring presidential electors to vote a certain way,” he said. “In these 24 states (which currently use the state-by-state winner-take-all method of awarding electoral votes), the presidential electors are the persons nominated by the political party whose presidential candidate receives the most popular votes inside the state.”

“The National Popular Vote Compact would operate in an almost identical way, namely the presidential electors would be the persons nominated by the political party whose presidential candidate receives the most popular votes in all 50 states and the District of Columbia,” Koza added.

Colorado Secretary of State Jena Griswold criticized the ruling in a statement last week, saying it “sets a dangerous precedent.”

Griswold’s office did not respond to questions about the state’s national popular vote in the wake of the appeals court ruling.

Colorado has joined 14 other states and the District of Columbia is joining the national popular vote compact.

Image courtesy of Bruce Parker/TNR
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5 thoughts on “Group behind national popular vote says recent court ruling doesn’t affect effort

  1. Let’s face it, what these state laws are really designed to do is elect a Democrat president. This vote with the national majority guarantees that New York, California and Illinois will elect the president. California has already stacked the deck with its law which allows the two top vote getters in the primary reguarldless of party affiliation to appear on the national ballot. Guess what? In most districts, the choise is between two Dems, thus guaranteeing that a large majority of Representives are Dems. This is worse than gerrymandering.

  2. This means a few sates with large cities would control the election and everyone else can just stay home on election day. — That is a call to revolution.

    • Correct on the Revolution Ed, The United States would no longer be united and would splinter into groups of like minded. The high population areas have shown through time to be voters of the Worst of political hacks who run their cities/States into ruin. Why would the country want what LA has or Chicago or NYC has become???

  3. Liberals, they’ll try anything to win ” Hook or By Crook ” they want to disband the Electoral
    College, like these snowflakes, have a clue.

    All they are doing is following a ” Fairy Tail ” from the socialist Democrats promising them
    a debt-free life ( free, free, free ) ……………… Pure BS

    Just think, our founding Fathers knew over two hundred years ago, there would be times
    like this ……. a pool of Idiots want to control the Country, and normal people would have no
    no say, only the pay it !!!

    I’ve worked too hard to hand it over, to losers …………………………

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