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Colorado Supreme Court Thread

Link to the decision

I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.

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It depends a lot on the specific state and situation.

Colorado, specifically is one of the few states with a tested faithless elector statute that not only prohibits an elector from submitting a vote against the state's popular vote count, but swaps them for someone else who will. In Colorado, this selection is made by the other electors: the question of what happens if every elector defies state law is so-far untested. Not all states have such statutes, or their statutes may only fine (rather than replace) faithless electors.

Electors are transmitted to the Senate by the executive branch of their states: for Colorado, they literally meet in the Governor's office, and the Governor sends the notice out. There's some (afaik) untested space for fuckery here.

The US Senate then receives and certifies the electoral vote. Historically, Senators could object to these individual, but as of 2022 it requires 20% of the Senate, and the Vice President has no serious authority... by statute. There's some !!fun!! questions about how much the statute actually binds Senators, given matters like nuclear option, but it's a schilling point and if they had 50% of the Senate they'd probably just use the rules as-is.