Colorado Attorney General Cynthia Coffman says the lawsuit filed by two of the state’s electors trying to stop President-elect Donald TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE is an insult to democracy.
“This Court should not countenance Plaintiffs’ attempt to dismantle the Electoral College from within,” Coffman wrote in a filing obtained by Politico.
“It should reject as an affront to this nation’s model of democracy this effort to disenfranchise millions of Coloradans by usurping their collective choice of candidates and replacing it with Plaintiffs’ own personal opinions about who is fit for the office of President. Holding otherwise would cause chaos.”
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The two Democratic electors filed a lawsuit aiming to reverse the law that stipulates electors must vote for the state’s popular vote winner. In Colorado, the winner was Hillary ClintonHillary Diane Rodham ClintonWhite House accuses Biden of pushing ‘conspiracy theories’ with Trump election claim Biden courts younger voters — who have been a weakness Trayvon Martin’s mother Sybrina Fulton qualifies to run for county commissioner in Florida MORE.
The lawsuit is part of a plan to contest similar laws in other states so electors may choose a Republican other than Trump when the Electoral College votes on Dec. 19.
“This Court should decline Plaintiffs’ invitation to alter the status quo by converting the popular vote into a mere advisory opinion that presidential electors are free to ignore,” Coffman said in the filing.
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Coffman argued that the Constitution allows the state to bind its electors to the popular vote winner.
“Thus, because the States alone have the power to appoint their presidential electors, they necessarily possess the power to attach conditions to that appointment. Binding them to the outcome of the State’s popular vote is one such permissible condition,” says the filing.
A court will hear the suit Monday.
Another filing by the Colorado Republican Party argues that the two Democratic electors filed their suit too late. It also cites the Twelfth Amendment as evidence that the electors should be bound to the winner of the popular vote.
“Congress proposed and the States ratified the Twelfth Amendment with the understanding that electors are ministerial agents who represent their parties’ nominees, rather than platonic guardians who exercise independent judgment,” says the filing by the state party.