A Probably Futile Attempt To Stop Trump In The Electoral College

Everyone was upset when Donald Trump said he might not accept the results of the election. Now that he has been elected, there are those who do not accept this and are trying to block his election in the electoral college. One roadblock is laws in some states which require electors to vote for the winner of their state. Electors in Colorado are challenging this:

Two presidential electors in Colorado are heading to court Tuesday to try and boost their extreme long-shot gambit to stop Donald Trump from officially being elected president when the Electoral College votes on Dec. 19.

Democratic electors Polly Baca and Robert Nemanich are filing suit in federal court to overturn a state law that forces them to support the winner of Colorado’s presidential popular vote, in this case Hillary Clinton. But a successful bid, they say, would undermine similar laws in 28 other states, empowering Republican electors in those states to reject Trump.

In the legal filing, obtained by POLITICO, lawyers for Baca and Nemanich argue that Colorado’s statute is flatly unconstitutional because the Founding Fathers intended presidential electors to have free will when casting their votes — and to consider the popular vote as merely advisory.

“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, whether those candidates are Democrats, Republicans, or from a third party,” they argue in a brief signed by Denver attorney Jason Wesoky.

Regardless of what happens with this suit, it is highly unlikely that Trump will be prevented from becoming president. While laws such as those in Colorado are somewhat of a roadblock, I suspect it would actually be hard to enforce such laws. The real problem here is that it is Democratic electors who are making the most noise about a challenge in the electoral college. Some are engaged in a probably futile attempt to get the support of Hillary Clinton, who has no real incentive to see her electoral vote count decrease. Their goal is to switch votes to John Kasich, seeing him as a less objectionable Republican than Donald Trump. This might have a long shot chance at working if Republican electors were joining them, but it makes no difference in the end if Democratic electors vote for Kasich rather than Clinton.

Some are urging Republican electors to vote for Clinton over Trump. It is even less likely they would support Clinton as opposed to another Republican.

So far there is one Republican elector who is saying he will not vote for Trump:

A Republican member of the Electoral College from Texas said Monday that he won’t cast one of his state’s 38 electoral votes for Donald Trump because “I am here to elect a president, not a king.”

Dallas paramedic Chris Suprun previously indicated he would support Trump. But he now says the president-elect’s postelection attacks on the First Amendment and the country’s electoral process, as well as the billionaire businessman’s continued promotion of his brand and business interests overseas, changed his mind.

The loss of his electoral vote will not prevent Trump from being elected, even if he should convince a handful of other Republican electors to take the same action. If enough electors do vote for Kasich over Trump to prevent him from reaching 270 electoral votes, in theory the House of Representatives could then choose Kasich over Trump to be president, but is is questionable if this would actually occur.

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1 Comment

  1. 1
    Mike Hatcher says:

    It has been educational, I did not know some states had "bound" delegates while other states delegates were not bound. I certainly believe in following the rules, and if the rules permit delegates to vote for someone other that that state's winner, so be it. If they want to change the rules, then change them. I would have a bigger problem with bound delegates doing their own thing.  I'm learning a lot of things I didn't know before about our election system this year. Good to know.

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