Appeals court: Electoral College members are not bound by popular vote
DENVER A U.S. appeals court in Denver said Electoral College members can vote for the presidential candidate of their choice and aren't bound by the popular vote in their states.
It could influence future cases nationwide in the unlikely event that enough Electoral College members strayed from their states' popular vote to affect the outcome of a presidential election, constitutional scholars said. But the split decision by a three-judge panel on the Denver appeals court said the Constitution allows electors to cast their votes at their own discretion."The state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right," the ruling said.
Then-Secretary of State Wayne Williams refused to count the vote and removed Baca as an elector. He replaced him with another elector who voted for Clinton. Baca's attorneys said the U.S. Supreme Court will likely hear the case because it conflicts with a decision from Washington state's Supreme Court. That court said in May that electors could be fined for not casting ballots for the popular vote winner.
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