ELEC­TOR

The Denver Post - - NEWS -

who take the oath as a pub­lic of­fi­cial to face crim­i­nal charges.

Pub­lic of­fi­cers charged with fail­ing to ful­fill their duty, a mis­de­meanor, can re­ceive up to a $1,000 fine and one year in jail. Un­der state elec­tion code, swear­ing a false oath is con­sid­ered per­jury in the sec­ond de­gree, a Class 1 misde- meanor. That car­ries up to a $5,000 fine and 18 months in jail.

While state and fed­eral courts have ruled against the rogue elec­tors in each case this year, the 10th U.S. Cir­cuit Court of Ap­peals ap­peared to leave the is­sue open to a con­sti­tu­tional chal­lenge.

“We deem such an at­tempt by the State (to re­move an elec­tor) un­likely in light of the text of the 12th Amend­ment,” the court wrote.

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