10th Circuit U.S. Court of Appeals Destroys The ‘Popular Vote Movement’

A U.S. Appeals court in Denver has destroyed the so-called “popular vote movement” by ruling that Electoral College members are not bound by the popular vote, meaning no state law can force them to vote only for the candidate who won the popular vote.

Leftists have been successful in cajoling a growing list of left-wing states to pass measures demanding that state Electoral College members must vote only for the winner of the popular vote.

This movement is an effort to destroy Trump’s re-election possibilities. Liberals claim that Trump “lost the popular vote” and Hillary should be president, so the left launched this move to try to bind all Electoral College members to vote only for whatever candidate wins the popular vote.

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Liberals assume that only leftists can win the popular vote, and this movement was an effort to abolish the Electoral College without actually having to formally abolish it.

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However, many have maintained that it is unconstitutional to force EC members to vote only for the winner of the popular vote. Detractors of the popular vote movement say that EC members have the constitutional freedom to vote their conscience, and not be forced to vote the way a state law says they should vote. Now, a court agrees with that premise.

Per the Associated Press:

The 10th U.S. Circuit Court of Appeals ruled Tuesday that the Colorado secretary of state violated the Constitution in 2016 when he removed an elector and nullified his vote when the elector refused to cast his ballot for Democrat Hillary Clinton, who won the popular vote.

It was not immediately clear what effect the ruling might have on the Electoral College system, which is established in the Constitution. Voters in each state choose members of the Electoral College, called electors, who are pledged to a presidential candidate. The electors then choose the president.

Most states require electors to vote for the candidate who won the popular vote in that state, but the Denver appeals court said the states do not have that authority.

The Constitution allows electors to cast their votes at their own discretion, the court said, “and the state does not possess countervailing authority to remove an elector and to cancel his vote in response to the exercise of that Constitutional right.”

This ruling totally destroys every state rule that tries to force EC members to vote only for the winner of the popular vote.

Of course, what do these leftists mean by “the popular vote.” After all, Trump won the popular vote in 30 states. Hillary only won 20 states. It just so happens that Hillary won the big liberals states such as California and New York.

Sadly, this ruling does not settle the issue, but it is a step in the right direction.

Still, it is likely that the issue will only be settled once it goes to the U.S. Supreme Court.

Follow Warner Todd Huston on Twitter @warnerthuston.

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