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Home https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ US https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ Federal court makes progressive efforts to abolish electoral college, decrees that voters are free to vote freely

Federal court makes progressive efforts to abolish electoral college, decrees that voters are free to vote freely



In a major blow to the state's progressive efforts to effectively replace the electoral college with a nationwide vote, on Tuesday, a federal appeals court ruled that presidential electors in the electoral college have the absolute right to vote for presidential candidates of their choice.

Democrats are increasingly seeking to wipe out the influence of the electoral college by promoting state laws that would force voters to vote for the national winner in a vote – and those laws were now in danger as a result of a court ruling, [19659003] However, the decision also raised the possibility for voters to legally defect at the last minute and decide the White House occupant themselves in a dramatic way, weeks after Election Day.

The 1

0th U.S. Court of Appeals ruled that the Secretary of State of Colorado violated the 2016 Constitution by removing a voter and invalidating his vote because the voter

was elected as part of a failed scheme to convince enough electoral members college to rally behind an alternative candidate and to deny Donald Trump the presidency.

A split decision by a panel of three judges of the Court of Appeal in Denver states: "Article II and the Twelfth Amendment grant the presidential electors the right to vote as president and vice-president at the discretion. And the state has no countervailing power to remove a voter and to cancel his or her vote in response to the exercise of this constitutional right. "

The panel continued:" The Electoral College did not exist before the ratification of the federal constitution, and thus states could not retain any rights attached to it under the Tenth Amendment. Rather, States have only the rights expressly delegated to them in Article II and the Twelfth Amendment. "

The Court of Appeal reasoned that after voters appeared in the electoral college, they essentially became federal participants in a" federal function. "Independent of state control.

Prominent Democrats, including reporter Alexandria Ocasio-Cortez of New York, has shaken the Electoral College in recent weeks, calling it a racist "scam."

AOC IN A BUILDING FIRE "ELECTIONAL COLLEGE RACISTIC" SKAM "

Cortez on Instagram on Monday a lion. color voters, unlike the one-man, one-vote system, in which all our votes are counted equally. "

Organized efforts to undermine the electoral college raised steam this year. The popular interstate voting treaty, which will engage the voters of states in the national vote, has been adopted by 16 jurisdictions, representing 196 electoral votes, including 15 states and the District of Columbia.

However, the compact of its terms will only enter into force if the jurisdictions representing at least 270 of the 538 votes available in the Electoral College are also included.

ANALYSIS: IN THE PROTECTION OF AN ELECTRONIC COLLEGE

More than two dozen states also have laws that bind voters to the results of popular vote in those states. However, actual sanctions for so-called "incorrect electors" are minimal and in many cases do not exist.

The decision of Tuesday may condemn a new Colorado law that effectively signs the state over a national treaty, forbidding states from forcing their constituents to vote for the national or state winner in the vote. Other states that have signed the compact program include Rhode Island, Vermont, Hawaii, Delaware, Maryland, Massachusetts, New Mexico, Washington, Connecticut, New Jersey, Illinois, California and New York.

At the same time, Frank McNulty, a Colorado voice counselor who wants voters to repeal the law, warned that governors could also release voters to decide for themselves to support a candidate with the most votes nationally. – or any candidate for that matter. [19659003] "This is a double ultimate decision," he said.

The electoral college system is set out in the Constitution. When voters vote for president, they actually elect members of the electoral college, called voters, who were promised to this candidate for president. Then the electors elect the president. Voters are elected by state parties to nomination conventions and usually consist of party leaders, activists and other luminaries.

"This is a Dual-extremity Decision."

– Frank McNally, Colorado Counselor for the Voice of Colorado [19659022] Democrats who currently have power problems in states with population densities such as California and New York protest against the electoral college. States receive electoral votes equivalent to their number of congressional districts plus senators, which allows less populated states to have more influence than they would in a popular voting system.

The upcoming census in 2020 is expected to lead to some changes in the number of electoral colleges by 2024, including an increase in electoral votes for traditional GOP strongholds such as Texas.

The Tuesday decision only applies to Colorado and five other states in the 10th round: Kansas, New Mexico, Oklahoma, Utah and Wyoming.

But that could affect future cases across the country in the unlikely event that enough members of the electoral college deviate from the popular vote in their states to influence the outcome of the presidential election, constitutional scholars said.

  FILE - In this December 19, 2016, file, Colorado voter Michel Baka, second from the left, is talking to a legal counsel after he was removed from the voting committee by a different candidate than the one who won a pop vote by during a vote at the Elector College at the Capitol in Denver. Colorado Secretary of State Wayne Williams looks from front to right. On Tuesday, August 20, 2019, the 10th U.S. Court of Appeals ruled that Williams violated the Constitution when it removed Buck from the panel. (AP Photo / Brennan Linsley, File)

FILE – In this Declaration on December 19, 2016, a photo of a file, Colorado Elector Michel Baka, second from left, spoke with a legal counsel after being removed from the voting panel. a different candidate than the one who won the popular vote during the voting at the Denver Electoral College. Colorado Secretary of State Wayne Williams looks from front to right. On Tuesday, August 20, 2019, the 10th U.S. Court of Appeals ruled that Williams violated the Constitution when it removed Buck from the panel. (AP Photo / Brennan Linsley, File)

Colorado-based voter Michelle Buca was part of a group known as the Hamilton Elections, which sought to persuade elected officials who had been promised Clinton or Donald Trump to rally behind the consensus candidate. to deny Trump

After a flurry of filings in state and federal courts, voters met on December 19, 2016, and Baka crossed out Clinton's name on his ballot and wrote to John Kasich, Ohio's Republican governor, who also ran for

then Secretary of State Ein Williams refused to count votes and remove Baca as a voter. He replaced him with another electorate who voted for Clinton.

The current Colorado secretary of state, Jenna Griswold, dismissed the ruling Tuesday in Colorado, but did not immediately say whether she would appeal.

NATIONAL DEMS EFFORT "SHORT CIRCULAR ELECTROLOGICAL COLLEGE EXISTS OTHER ROAD ACTION

" "Our nation stands on the principle of one person, one vote."

Baka's attorneys said the U.S. Supreme Court is likely to hear the case because it is contrary to a decision by the Washington State Supreme Court. The court said in May that voters could be fined for not voting for the popular vote winner.

  Jan. 6, 2017: resp. Maxine Waters, D-California, objected to the election college ballot in writing and called on a senator to join the opposition during a joint congressional ballot session on Capitol Hill in Washington.

January 6, 2017: resp. Maxine Waters, D-California, objected to the election college ballot in writing and called on a senator to join the opposition during a joint congressional ballot session on Capitol Hill in Washington.
(AP)

Constitutional scholars were skeptical, stating that a contradictory opinion from a state judicial system had less influence over the Supreme Court than from any other federal court of appeals. No other federal court of appeals has ruled in a similar case.

The decision of a Denver court can be important if the future electoral college is so narrowly divided that a handful of "wrong voters" change the result by voting contrary to the popular vote, said Ned Foley, a professor at Ohio State Law School .

"This opinion will be taken very seriously," he said. "This would be considered a precedent."

Meanwhile, congressional parallel efforts to usurp the Electoral College were unsuccessful. In January, respectively. Steve Cohen, D-Tenn., Introduced two constitutional amendments to eliminate the electoral college, saying it was "outdated."

"Americans expect and deserve the winner in the popular vote to win the post," Cohen said at the time. "More than a century ago, we amended our Constitution to anticipate the direct election of US senators. It is time to directly choose our president and vice president. "

However, a constitutional amendment that abolishes the electoral college will require two-thirds of parliament and the senate to approve the measure, along with three-quarters of state legislatures. Alternatively, Congress can hold a national convention and states can be hosts ratifying conventions, but a two-thirds majority will still be needed.

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Trump secured the victory in the 2016 election by winning the college by 304 votes to 232 for Clinton, though Clinton won close three million more votes than Trump.

John Quincy Adams, Rutherford B. Hayes, Benjamin Harrison and George W. Bush also won the White House without winning the popular vote. Of those presidents, only Bush was re-elected to a second term. Ron Blitz and the Associated Press contributed to this report.


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