Twenty-two states join Colorado’s request to U. S. Supreme Court to review "faithless electors" case

Denver, November 20, 2019 – Today, twenty-two states signed on to an amicus brief that underlines the urgency in Colorado’s petition asking the U.S. Supreme Court to review an unprecedented decision issued in August in Baca v. Colorado Department of State. The 10th Circuit decision states that Colorado cannot remove presidential electors if they fail to cast their ballots in accordance with state law, which requires presidential electors to cast their Electoral College ballots for the candidate who won the most votes in Colorado. Because the 10th Circuit's ruling impedes Colorado's ability to enforce state law and has the potential to undermine voters across the nation, Secretary of State Jena Griswold and Attorney General Phil Weiser have asked the U.S. Supreme Court to review the case and protect Americans' fundamental right to self-determination.

In filing the petition to the U.S. Supreme Court, Secretary Jena Griswold said the 10th Circuit's decision, if upheld, “undermines voters and sets a dangerous precedent for our nation. Unelected and unaccountable presidential electors should not be allowed to decide the presidential election without regard to voters' choices and state law.”

The states that signed onto the brief request are Alaska, California, Illinois, Mississippi, Maryland, Nevada, Louisiana, Oklahoma, Arizona, New Mexico, Indiana, Nebraska, Ohio, Delaware, West Virginia, Virginia, South Carolina, South Dakota, North Dakota, Montana, Tennessee, and Rhode Island.

"Having twenty-two states support our petition to the U.S. Supreme Court underlines the urgency of this matter. When Americans vote in the presidential election, we are exercising our most fundamental right – the right to self-governance and self-determination. We have to preserve that right. Without swift action by the Supreme Court, the foundation of our democracy is at risk,” said Griswold.