Tag Archives: Electoral college

Average Joe SCOTUS: Colorado Department of State v. Baca

The Bacas are electors in the state of Colorado. During the 2016 election, despite the fact that in Colorado, they have a rule stating electors must cast their votes for the winner of the popular vote, the Mr. Baca inexplicably cast his vote for John Kasich.

Colorado was less than pleased, and told him to take a hike. So then Mrs. Baca went ahead and cast her vote for Clinton, along with a 3rd party, even though they still preferred to vote for Kasich.

After the election, the Bacas sued Colorado saying that the twelfth amendment should prohibit Colorado for passing such a law, and as electors, they should be able to vote for whomever the fuck they want.

So now SCOTUS is being asked to determine if the courts have the right to rule on this, and if so, is Colorado’s law, and many other state laws that are similar, unconstitutional.

Colorado argued that siding with the Bacas would effectively allow electors to vote based on a bribe, or other nefarious reasons.

Of course, the more credible argument they made, was that this basically negates individual ballots, because if the whole damn state voted for candidate A, and yet the elector picks candidate B, then the state was effectively not heard.

Justice Alito questioned the petitioner on the notion that if they win, doesn’t it give government the power to ignore the people’s votes by removing the elector, and replacing with an elector of their choosing, presumably one who favors them, such as a Republican state government who replaces an elector who votes Democrat after the Democrat wins the popular vote.

The petitioners for the Bacas argue that the state’s arguments prevents electors from making an intelligent and proper decision should something bad occur with the candidate in question. Like in this instance, imagine Hillary Clinton had been shown to have destroyed evidence in a criminal investigation, or if she had choked on a bag of dicks and was comatose in the hospital, the electors could make a credible argument to not submit their votes for her, despite the populace choosing her, which seems kinda unlikely if I’m honest.

This case was decided in two separate cases. SCOTUS in a unanimous decision decided that the states can set whatever fucking rules they want for electors. Those assholes can’t just go rogue and do whatever the hell they want.