Court Rules Electoral College Members Are Not Bound to Popular Vote Results

A U.S. appeals court in Denver ruled that Electoral College members can vote for whichever presidential candidate they want, even if they didn’t win the popular vote in their state.

On Tuesday the 10th U.S. Circuit Court of Appeals ruled it was Unconstitutional when the Colorado secretary of state refused to cast his vote for Hillary Clinton when she won the popular vote.

It is not yet clear what kind of impact this will have on the Electoral College System, which was established in the Constitution. Voters in each state choose electors who are pledged to a presidential candidate. The electors then have the power to choose the presidential candidate of their choice.

In most state it is a requirement that the electors vote for whoever won the popular vote in their state. This ruling in the Denver appeals court rules that states do not have the authority to do this.

The Constitution allows electors to use their own discretion when casting their votes and the ruling said “and the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right.”

The Colorado secretary of state, Jena Griswold, seemed very alarmed by this ruling, but she would not commit to appealing.

“This court decision takes power from Colorado voters and sets a dangerous precedent,” Griswold said. “Our nation stands on the principle of one person, one vote.”

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