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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

  1. The United States Constitution secures to “Electors” the power to vote to select the President and Vice President of the United States.
  2. 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.

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