The Supreme Court Will Hear Our Case

Protecting the votes of Coloradans is fundamental to preserving our democracy. When Coloradans cast their ballots for President, they are voting for a specific candidate, not an unknown elector. That’s why when one of the 2016 Hillary Clinton electors refused to vote for Clinton in the Electoral College—as required by Colorado law—our Secretary of State removed him and oversaw the selection of an alternate elector who followed state law.

The removed elector, Michael Baca, decided to make a federal case out of his removal. And now the dispute is heading all the way up to the Supreme Court, after the Tenth Circuit Court of Appeals here in Denver decided that the Constitution affords electors the right to vote for anyone they choose, disregarding the will of the voters and overriding any state law limits to the contrary. Colorado, like the majority of states, has a law that addresses the concern of “faithless electors.” In our case, Baca v. Colorado Department of State, the Supreme Court will now decide whether states have the power under the Constitution to make sure that the will of the voters is respected.

The Constitution gives states the right to select their presidential electors through elections, which is what Colorado has done for decades. The thought of a Presidential election being decided by “rogue electors,” including ones willing to auction off their vote, is terrifying. And if elections are not decided on Election Day, but instead by free agent electors, we can expect havoc, chaos, and confusion in our election system. This is why we will be defending the Constitution and the integrity of our Presidential election system, arguing that the Constitution clearly provides to the states the power to have their electors follow state law.

The good news is that the U.S. Supreme Court is now positioned to resolve this critical question about the foundation of our democracy before the 2020 election, preventing the need for litigation on this issue in the wake of the election.

The opportunity to defend Colorado’s law and protect the will of our voters is an awesome responsibility. Every day, I am honored to serve as your Attorney General, leading our Department and contributing to our mission—“Together, we serve Colorado and its people, advancing the rule of law, protecting our democracy, and promoting justice for all.” This case is one important example of that work.

Thank you for giving me the opportunity to serve our state.