Colorado electoral college voters sue for right to ignore popular vote
Authored By Victor Morton – The Washington Times – Tuesday, December 6, 2016
URL of the original posting site: http://www.washingtontimes.com/news/2016/dec/6/electoral-college-voters-colorado-sue-right-ignore/
Two members of the Electoral College pledged to support Hillary Clinton have filed a lawsuit intended to undo the presidential-election victory of Donald Trump.
Polly Baca and Robert Nemanich, two electors in Colorado, filed their lawsuit in federal court Tuesday challenging the validity of state laws requiring members of the Electoral College to vote for the winner of the popular vote in their states, according to the Denver Post. The two are casting themselves as “moral electors” who want to “vote their conscience and do their constitutional duty as intended by the framers,” said attorney Jason Wesoky. 
Should they win their long-shot lawsuit, it will have no effect in Colorado — Mrs. Clinton won the state and its nine Electoral College votes. But similar laws in other states that voted for Mr. Trump would also be invalid, meaning all 538 members of the Electoral College could vote for whomever they wished — at least potentially undoing the result of the election.
One member of the Electoral College — Christopher Suprun in Texas —said this week he will not vote for Mr. Trump as required, arguing that College is intended to discern the candidates’ worthiness, not simply rubber-stamp the state’s populace.
Colorado Secretary of State Wayne Williams, a Republican, vowed Tuesday to defend the state’s electoral-college law.
“Instead of honoring the will of the Coloradans who voted for them, these two faithless electors seek to conspire with electors from other states to elect a president who did not receive a single vote in November,” Mr. Williams said in a statement.
“Make no mistake, this is not some noble effort to fight some unjust or unconstitutional law; rather, this is an arrogant attempt by two faithless electors to elevate their personal desires over the entire will of the people of Colorado. And in so doing, they seek to violate Colorado law and their own pledges,” he said in a statement, according to the Post.
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Clinton appears to have won the national popular vote in 2016, primarily fueled by massive landslides in populous Democratic states like California and New York. This has sparked efforts to do away with the state-based and not entirely democratic Electoral College.
Though a huge part of the anti-Electoral College push is sour grapes in the wake of a surprise electoral defeat, it serves the broader interest of the progressive movement’s goal to both delegitimize the incoming administration and subvert the idea of federalism as enshrined in the Constitution.
Electoral College Worked in 2016
The Electoral College was carefully designed by the Founders after lengthy deliberation at the 1787 Constitutional Convention. The design is this: Americans don’t cast their vote for president, but instead for electors pledged to their preferred candidate. Each state has a set number of electors based on the total number of representatives and senators. You can read about why the Founders created this seemingly complex system here.
Founding Father Alexander Hamilton, who was fairly popular with progressives just a week ago, supported the Electoral College process in Federalist 68. He said that “if the manner of it be not perfect, it is at least excellent.”
But a number of prominent Democrats have ignored Hamilton and called for an end to the Electoral College post-election.
Opponents of the Electoral College claim that the institution is fundamentally flawed. The fact that the winner of the most recent presidential contest didn’t have the highest total vote further demonstrates why it needs to be scrapped, according to their logic.
This narrative couldn’t be farther from the truth, as the issues surrounding the election prove exactly why the Electoral College is such an excellent system for the United States.
For instance, Green Party presidential candidate Jill Stein is leading a movement to recount votes in three key states that Trump won: Wisconsin, Michigan, and Pennsylvania. This was in part justified by the idea that Russia had tampered with the election.
The recount process will likely be messy, but it would be vastly more complicated if America had to undergo a national as opposed to state-level recount. Votes have trickled in for the last month, and it is possible that without the state-based system it might still be unclear who the next president would be.
As ugly as the 2016 election was, it would have been far uglier without the moderating, stable process afforded by the Electoral College.
Having states conduct their own elections is a strength of our system, not a weakness. For instance, without the Electoral College and respect for state powers, it would be difficult for America to experiment with solutions to prevent voter fraud. This should be a priority for those suddenly concerned about voting integrity.
Assault on Federalism
What is lost in the Electoral College debate is the underlying attack on America’s cherished and inherited idea of federalism.
The Founders in their wisdom designed this republic with the intent of checking ambition with ambition, and delegating specific powers to both the national as well as state governments. They created a nation in which states could operate independently, experimenting with different policies and laws to fit their people.
The elimination of the Electoral College would be just another blow to the role of the states in the American system of government. No longer would presidential candidates have to appeal to the farmers of rural Iowa alongside the bankers of urban New York. They would be incentivized to campaign directly to the interests of the largest population centers alone.
The reasoning used to abolish the Electoral College could easily be applied to some of the most important aspects of America’s constitutional republic.
If the Electoral College is simply an ancient, undemocratic, and defunct relic of the Founding, then why isn’t the Senate? After all, treating the states equally and allowing them only two senators regardless of population is silly if one thinks the states hold no special place in our system. One writer was open about this in a Washington Post op-ed calling for abolishing the states entirely.
Samuel concluded:
This is the essential issue at the heart of the Electoral College that extends far beyond the results of a single election.
The left wants to fundamentally change the system of federalism so venerated and protected by the founding generation. But those who believe that the United States was built on timeless ideas about man’s relation to man should look to preserve the system that allowed America to rise to the status of a superpower while preserving individual liberty.