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.