Yesterday, twenty-two states signed on to an amicus brief to underline the urgency of Colorado’s petition asking the U.S. Supreme Court to review an unprecedented decision issued in August in Baca v. Colorado Department of State.
The states that signed onto the brief request are Alaska, California, Illinois, Mississippi, Maryland, Nevada, Louisiana, Oklahoma, Arizona, New Mexico, Indiana, Nebraska, Ohio, Delaware, West Virginia, Virginia, South Carolina, South Dakota, North Dakota, Montana, Tennessee, and Rhode Island.
In October, Colorado Secretary of State Jena Griswold and Attorney General Phil Weiser petitioned the review of a federal appeals court decision they said “threatens the stability of our nation.”
Like most states, Colorado law requires its presidential electors to follow the will of its voters when casting their Electoral College ballots in the presidential election.
However, 10th Circuit “set a dangerous precedent” with its August ruling that Colorado cannot remove presidential electors if they fail to cast their ballots in accordance with state law, Griswold said.
Colorado law requires presidential electors to cast their Electoral College ballots for the candidate who won the most votes in Colorado.
Griswold and Weiser petitioned the review because the 10th Circuit’s ruling impedes Colorado’s ability to enforce state law and has the potential to undermine voters across the nation, they said.
In filing the petition to the U.S. Supreme Court, Secretary Jena Griswold said the 10th Circuit’s decision, if upheld, “undermines voters and sets a dangerous precedent for our nation. Unelected and unaccountable presidential electors should not be allowed to decide the presidential election without regard to voters’ choices and state law.”
“Having twenty-two states support our petition to the U.S. Supreme Court underlines the urgency of this matter. When Americans vote in the presidential election, we are exercising our most fundamental right — the right to self-governance and self-determination,” Griswold said in a Nov. 20 news release.
“We have to preserve that right. Without swift action by the Supreme Court, the foundation of our democracy is at risk.”