ELECTORS FREEDOM

    OUR LEGAL FIGHT TO ALLOW ELECTORS TO VOTE THEIR CONSCIENCE

    IMPORTANT UPDATE:

    We got a decision from the U.S. Supreme Court in our case about the freedom of presidential electors. But our fight for reform continues! We’re launching the  Fix The College  project to continue the discussions about the best way forward.

    ON THIS PAGE:    LEGAL ARGUMENT     OUR LAWSUITS    MORE ABOUT THE CASES    TAKE ACTION

    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.

    LEARN MORE ABOUT THE CASES

    OVERVIEW
    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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