Press Release



Date: October 25, 2017

Contact: Blair Fitzgibbon
(202) 503-6141
[email protected]

Equal Citizens.US Announces Agreement with CO Dep of State to Enable Quick Resolution of Critical Constitutional Question

EqualCitizens.US announced today an agreement with Colorado Department of State to enable a quick resolution of the lawsuit EqualCitizens.US is supporting, defending the right of presidential electors to vote their conscience.

In 2016, three electors in Colorado — Micheal Baca, Polly Baca, and Robert Nemanich — wanted to vote for John Kasich, contrary to their pledge. The Secretary of State removed one of the electors, and threatened to remove the other two. EqualCitizens.US has provided legal support to the electors, to press their claim and resolve the question of an electors constitutional freedom.

Under the agreement, the plaintiffs will drop all demands for damages and attorney fees, in exchange for Colorado waiving any immunity that it might assert against the claim. The consequence of the agreement will be to enable the legal question to move through the courts quickly, and allow the ultimate question to be resolved before the next election.

“The Secretary of State and we have very different views of the law,” Lawrence Lessig, founder of EqualCitizens, and one of the attorneys defending the Colorado electors said. “But we are very happy that both sides have recognized how important it is that this question be resolved quickly. Across the country, a record number of electors cast ballots against their pledge. It is important that their right to do that be resolved before it triggers a constitutional crisis.”




About Equal Citizens

EqualCitizens.US is a non-profit, founded by Lawrence Lessig, that is committed to achieving political equality within the United States. More information on the case can be found at