Colorado Department of State v. Baca Oral Argument

The Supreme Court heard oral argument via teleconference on a case concerning Colorado electors and whether they can cast a vote for a person who did not win the state’s presidential popular vote. This case arose from the 2016 presidential election after a Colorado elector, Micheal Baca, cast his vote for John Kasich instead of Democratic nominee Hillary Clinton, who won the state’s popular vote. The Colorado secretary of state replaced Mr. Baca with another elector voted for the nominee. Two other electors who wanted to vote for John Kasich ended up voting for Hillary Clinton. Mr. Baca and these electors filed suit arguing the state violated their constitutional rights. A federal district court dismissed the case, but on appeal to the U.S. Court of Appeals for the Tenth Circuit, the electors won. Justice Sonia Sotomayor is recused from this case. On July 5, 2020, the Supreme Court voted unanimously in favor of the Colorado Department of State. close