Colorado Department of State v. Baca

E41904

Colorado Department of State v. Baca is a U.S. federal court case addressing whether states can remove or sanction presidential electors who refuse to vote in accordance with their state's popular vote in the Electoral College.


Statements (49)
Predicate Object
instanceOf United States federal court case
constitutional law case
election law case
areaOfLaw United States constitutional law
United States election law
background arose from actions of Colorado presidential electors in the 2016 Electoral College vote
circuit Tenth Circuit
citation 935 F.3d 887
constitutionalBasisOfHolding Electors have a federal constitutional right to exercise discretion in casting their Electoral College votes
constitutionalProvisionInvoked Article II of the United States Constitution
First Amendment to the United States Constitution
Twelfth Amendment to the United States Constitution
country United States
court United States Court of Appeals for the Tenth Circuit
decisionDate 2019-08-20
holding the Tenth Circuit held that Colorado could not remove a presidential elector for casting a vote contrary to the state’s popular vote
issue scope of state authority to direct and control electors’ votes
whether a state may remove or sanction a presidential elector who does not vote in accordance with the state’s popular vote
jurisdiction United States Court of Appeals for the Tenth Circuit
legalSubject Electoral College
Twelfth Amendment to the United States Constitution
U.S. Constitution Article II
faithless electors
presidential electors
state power over electors
location Colorado
opinionBy Judge Carolyn B. McHugh
originatedFrom United States District Court for the District of Colorado
panelJudge Judge Carolyn B. McHugh
Judge Jerome A. Holmes
Judge Mary Beck Briscoe
partyRoleOfMichaelBaca Democratic Party presidential elector from Colorado in 2016
petitioner Colorado Department of State
relatedCase Chiafalo v. Washington
Ray v. Blair
relatedTo 2016 United States presidential election
respondent Michael Baca
other Colorado presidential electors
result judgment in favor of elector Michael Baca on key constitutional question
stateActionChallenged Colorado’s removal of Baca as an elector and nullification of his attempted vote
subjectMatter nullification of electoral votes
removal of electors
state enforcement of elector pledges
subsequentHistory Tenth Circuit judgment effectively superseded by the Supreme Court’s decision in Chiafalo v. Washington
certiorari granted sub nom. Colorado Department of State v. Baca and consolidated into Chiafalo v. Washington at the U.S. Supreme Court
supremeCourtCitation 140 S. Ct. 2316 (via Chiafalo v. Washington)
supremeCourtDisposition U.S. Supreme Court reversed the Tenth Circuit’s reasoning in Chiafalo v. Washington
triggeringEvent Michael Baca attempted to cast an electoral vote for John Kasich instead of Hillary Clinton
yearDecided 2019

Referenced by (1)
Subject (surface form when different) Predicate
Chiafalo v. Washington
isRelatedCaseTo

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