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ELECTORS FREEDOM

OUR LEGAL FIGHT TO ALLOW ELECTORS TO VOTE THEIR CONSCIENCE

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OUR LAWSUITS

Nemanich v. Colorado Department of State (2017)

We have filed a lawsuit on behalf of three electors in Colorado who sought to defend their constitutional freedom to vote their conscience in the last presidential election as federal electors. Michael Baca, Polly Baca, and Robert Nemanich believed the special circumstances of the last election required that they vote their conscience, contrary to a pre-election pledge. Secretary of State Wayne Williams threatened them with removal, if they indeed did vote against their pledge, as well as criminal prosecution.

Guerra v. Washington State Office of Administrative Hearings (2017)

Washington State fined three electors, Peter Bret Chiafalo, Levi Jennet Guerra, and Esther Virginia John, who voted their conscience, contrary to a pre-election pledge. This case raises the question whether the state of Washington has the constitutional power to compel its electors to vote for a particular presidential and vice-presidential candidate, i.e. whether states may penalize an elector who votes contrary to her pledge, by imposing a civil fine or other penalty. We are supporting the legal defense of these electors to resolve the constitutional question.

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OVERVIEW
LEGAL FILINGS

Colorado – Michael Baca, Polly Baca and Robert Nemanich v. Colorado Department of State

 

Washington – Levi Guerra, Esther v. John, and Peter B. Chiafalo v. Washington State Office of Administrative Hearings

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