IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:17-cv-1937-NYW
MICHEAL BACA, POLLY BACA, and ROBERT NEMANICH,
Plaintiffs
v.
COLORADO DEPARTMENT OF STATE,
Defendant.

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SECOND AMENDED COMPLAINT

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The Colorado Department of State, acting through its Secretary, Wayne Williams, and under color of state law, specifically C.R.S. § 1-4-304, 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 nominal damages for this infringement of a fundamental federal right and a declaration that Colorado’s law that purports to bind Electors by requiring them vote for the Presidential and Vice Presidential candidates that received the highest number of votes at the preceding general election, C.R.S. § 1-4-304(5), is unconstitutional.

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(5) ("Binding Statute").