Threats and Intimidation? Inside the Lawsuit Against Colorado Sec. of State

image
Created: 24 Aug, 2017
Updated: 17 Oct, 2022
2 min read

Last week, two of Colorado’s presidential electors, the people who cast Colorado’s votes in the electoral college, filed a lawsuit against their Secretary of State, Wayne Williams, alleging that he “threatened and intimidated” them into voting for Secretary Hillary Clinton in December 2016.

Colorado, like many states, has a law that requires its electors to vote for the presidential and vice-presidential candidates who received the most votes in the state during the general election. However, there was a movement across the country following last November’s election to try to prevent Donald Trump from getting the necessary 270 electoral votes to be named president by voting for a third candidate who would take votes away from both Clinton and also Trump.

The movement gained traction in Colorado, and a number of electors decided to vote for John Kasich for president, instead of the state’s general election winner, Hillary Clinton. One of those electors, now a plaintiff in the lawsuit, emailed Secretary of State Williams and asked what would happen if he voted for someone other than Clinton. Williams replied that the elector would be removed from his office and replaced until all of the elector spots were filled with those who would vote according to the state’s election results.

Williams had also stated at some point following the email that any elector not voting for Clinton would be subject to misdemeanor or felony perjury charges. Therefore, the two plaintiffs preemptively filed for an injunction to be able to vote their conscience so as to protect themselves from removal or criminal charges. The court refused to grant the injunction.

On the day electors gathered to cast their votes, two instances occurred which plaintiffs say amount to threats and intimidation. First, the Secretary of State forced the electors to take an oath that was written minutes prior to the meeting and which included them swearing to vote for the person who won the general election, over objections from the Plaintiffs. Additionally, Williams told the press prior to the vote that anyone violating the terms of the oath could be subject to felony perjury charges.

Following this, Michael Baca (who is not a plaintiff), cast his vote for Kasich and was immediately removed from his post as elector, disregarded his vote, and recommended the Colorado Attorney General investigate whether he had committed criminal acts, an investigation which is still open.

The lawsuit, which was filed by nationally-renowned law professor Lawrence Lessig, alleges that Baca’s release and Williams statements to the press amount to threats and intimidation. The suit asks for the Colorado statute that requires electors to vote in line with the general election results unconstitutional.

Latest articles

South Bay Could Decide The Future of San Diego
John McCann vs. Paloma Aguirre: Why South Bay Voters Could Decide the Balance of Power in San Diego
It’s springtime in a non-election year. A time to decompress from political commentary, prep for Fourth of July parties, and gear up for summer vacations. But a funny thing happened on the way to sun and fun, in one of the world’s most desirable vacation spots: San Diego County Supervisor Nora Vargas, re-elected by voters just last fall, unexpectedly resigned shortly thereafter....
22 May, 2025
-
2 min read
Shadow over Ben Franklin's portrait on the 100 dollar bill.
Moody's Credit Rating Downgrade: How Partisan Dysfunction Has Tanked America's Financial Credibility
The US House of Representatives passed the One Big Beautiful Bill Act by a single vote right before lawmakers left DC for Memorial Day weekend. As the bill continues to be dissected and scrutinized in the media, its advancement to the US Senate will no doubt cause another story to resurface....
22 May, 2025
-
5 min read
A stethoscope on top of a medical chart.
FDA Ban on GLP-1 Compounds for Weight-Loss Goes into Full Effect
A new federal enforcement deadline is set to reshape access to some of the country’s most in-demand weight-loss drugs. Starting May 22, the U.S. Food and Drug Administration (FDA) will prohibit most pharmacies and providers from producing or distributing compounded versions of GLP-1 medications semaglutide and tirzepatide, active ingredients in blockbuster drugs including Ozempic, Wegovy, Mounjaro, and Zepbound....
21 May, 2025
-
2 min read