Justices Rule Colorado Can Bind Presidential Electors' Votes

The Supreme Court ruled Monday that Colorado can require electors to vote for the winner of their state's popular vote for president in the Electoral College. The unanimous ruling, in cases in Colorado and Washington state, overturns an appeal court's 2019 opinion.

The decision, which comes four months before the 2020 presidential election, allows Colorado to remove a so-called "faithless elector" — a presidential elector who chooses to vote as a 'free agent' and not for the winner of the state's popular vote.

Justice Elena Kagan wrote that a state can instruct "electors that they have no ground for reversing the vote of millions of its citizens."

"That direction accords with the Constitution — as well as with the trust of a Nation that here, We the People rule,” Kagan wrote.

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The ruling comes as dozens of states bind their electors to vote for the popular presidential winner.

Three Hillary Clinton electors in Washington state and one in Colorado refused to vote for her despite her popular vote win in both states. In so doing, they hoped to persuade enough electors in states won by Donald Trump to choose someone else and deny Trump the presidency.

The federal appeals court in Denver ruled that electors can vote as they please, rejecting arguments that they must choose the popular vote winner.

“Today’s unanimous decision by the United States Supreme Court reaffirms the fundamental right to vote of every American and ensures that when we cast a vote for President of the United States, our voices will be heard," Colorado Secretary of State Jena Griswold said in a statement.

"The will of a few unelected presidential electors should never supersede the will of the people, and today’s landmark decision rightly protects Americans’ right to vote and to self-governance. The fact that the Justices were unanimous in their decision further illustrates their realization that electors not bound to the will of the people needlessly opens up our entire election system to corruption and outside influence.

"I applaud the Court’s decision and am thankful that the Justices were willing to hear the case and make a determination in time for the 2020 General Election, which will give every voter the peace of mind that they will have say in who gets elected to be our nation’s next president.”

Colorado Attorney General Phil Weiser said the decision will help protect the country's democratic principles.

“Today, the U.S. Supreme Court unanimously affirmed that the States, and the States alone, have the exclusive authority to appoint and, if necessary, remove presidential electors when they violate their pledges," Weiser said.

"The Court’s historic opinion ensures that presidential electors will follow State law when they cast their Electoral College ballots in presidential elections and not act as free agents. With this issue decided before the 2020 election, we can avoid uncertainty, chaos, and confusion in the Electoral College, and protect our nation’s democratic principles and system of stable governance.”