“Hamil­ton elec­tors” ap­peal 2nd rul­ing

The Denver Post - - NEWS - By Brian Ea­son

A group of Colorado Demo­cratic elec­tors seek­ing to vote against Hil­lary Clin­ton in de­fi­ance of the state’s pop­u­lar vote are ask­ing the Colorado Supreme Court to set aside a Den­ver judge’s rul­ing al­low­ing the Sec­re­tary of State to re­place them.

The pe­ti­tion, filed with the state Supreme Court on Thurs­day, is the lat­est le­gal ma­neu­ver to arise from the group known as the “Hamil­ton Elec­tors,” a move­ment aimed at block­ing Repub­li­can busi­ness­man Don­ald Trump from the pres­i­dency by forc­ing an Elec­toral Col­lege dead­lock.

On Tues­day, the Den­ver Dis­trict Court dealt a blow to the move­ment, rul­ing that state law re­quires elec­tors to vote for the pres­i­den­tial and vice pres­i­den­tial can­di­dates who re­ceived the most votes in the state. Den­ver Dis­trict Judge El­iz­a­beth Starrs also ruled that the Colorado Sec­re­tary of State can re­place any elec­tor that vi­o­lates that law.

In Thurs­day’s fil­ing, the group’s at­tor­ney, Jesse Witt, ar­gued that the state dis­trict court had no ju­ris­dic­tion to tell fed­eral elec­tors how to vote, be­cause the Elec­toral Col­lege is a func­tion of fed­eral law.

The dis­trict court’s or­der arose af­ter Demo­cratic elec­tors in Colorado threat­ened to aban­don Clin­ton and part­ner with Repub­li­can elec­tors in other states to nom­i­nate an al­ter­na­tive can­di­date — a last-ditch move to pre­vent Trump from re­ceiv­ing the 270 elec­toral votes needed to win.

In re­sponse, Colorado Sec­re­tary of State Wayne Wil­liams, a Repub­li­can, asked the court to rule that vot­ing for a pres­i­den­tial can­di­date other than Clin­ton was a vi­o­la­tion of state law.

Witt said he also filed a mo­tion seek­ing ex­pe­dited re­view of the case, and hopes to re­ceive a rul­ing be­fore noon Mon­day, when the elec­tors are sched­uled to vote.

The elec­tors lost a sep­a­rate bid in fed­eral court for an in­junc­tion to block the en­force­ment of the state law on the grounds it is un­con­sti­tu­tional.

The elec­tors ap­pealed that case Tues­day to the 10th U.S. Cir­cuit Court of Ap­peals.

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