
EC LEGAL MATERIALS
Nemanich v. Colorado Department of State
Complaint September 20, 2017
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-cv-2986
MICHEAL BACA, POLLY BACA, and
ROBERT NEMANICH,
Plaintiffs
v.
WAYNE W. WILLIAMS, Colorado Secretary of State, in his individual capacity.
Defendant.
COMPLAINT
Defendant Wayne Williams, Colorado’s Secretary of State, under color of state law, threatened and intimidated Plaintiffs Micheal Baca, Polly Baca, and Robert Nemanich in the exercise of their federally protected rights as presidential Electors. This complaint seeks damages for this infringement of a fundamental federal right.
INTRODUCTION
- The United States Constitution secures to “Electors” the power to vote to select the President and Vice President of the United States.
- Colorado purports to control how an Elector exercises her franchise, by binding her, with the force of law, to vote for a particular candidate. See C.R.S. § 1-4-304.
Our Current Project: Equal Votes
In a Democracy, All Votes Should Count Equally
In our democracy, when voting for the president, they do not
Because of the winner-take-all allocation of electoral votes, if you don’t vote for the candidate who wins your state, your vote counts for nothing. That violates the Constitution’s “one person, one vote” principle. Lawrence Lessig and an all-star legal team is filing a case in court to challenge this system. Join this fight for citizen equality.
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