Nemanich v. Williams

Nemanich, et al v. Williams
United States District Court for the District of Colorado
Full case name Micheal Baca, Polly Baca, and Robert Nemanich v.
Wayne W. Williams[1]
Judge sitting Wiley Y. Daniel
Nina Y. Wang (magistrate)
Counsel for plaintiff(s) Lawrence Lessig
Plaintiff(s) Micheal Baca
Polly Baca
Robert Nemanich
Defendant(s) Wayne W. Williams, as an individual

Nemanich et al. v. Williams (No. 1:2017-cv-01937) is a challenge to Colorado rules compelling an elector to vote for the presidential candidate who received the most votes in the state.[2][3] It is a Twelfth Amendment case.

Both plaintiff and defendant anticipate that the case will be appealed to the Supreme Court.[4][5] The case is central to Lawrence Lessig's Equal Votes movement.

Facts and prior history

On December 19, 2016, Williams, the Colorado Secretary of State, replaced Michael Baca (no relation to Polly Baca) as a Colorado presidential elector after he failed to vote for Hillary Clinton as he was pledged.[6] The complaint claims, "The Constitution does not expressly or implicitly give the states any power to restrict Electors’ freedom beyond the 12th Amendment’s single limitation."[2]

A similar case, Polly Baca and Robert Nemanich v. John W. Hickenlooper Jr. continues.[7] If the case goes to the Supreme Court, it could overturn Ray v. Blair (1952).

Latest developments and next steps

The complaint was amended September 20, 2017.[1] The parties are discussing a second amended complaint, which may change the name of the case again on October 25, 2017.

References

  1. 1 2 "Amended Complaint" (PDF). S.D,D.C. September 20, 2017. Retrieved 10 October 2017.
  2. 1 2 "Nemanich v Williams Docket 01". District of Colorado. Retrieved 6 October 2017.
  3. ↑ Hutchins, Corey (Aug 16, 2017). "Electoral College members file voter 'intimidation' lawsuit against Colorado's secretary of state". Colorado Independent.
  4. ↑ Hutchins, Corey (October 3, 2017). "Colorado Electoral College Lawsuit: A deal for nation's highest court to hear a big case faster?". Colorado Independent. Retrieved 6 October 2017.
  5. ↑ Young, Robin (November 28, 2016). "Colorado Elector Urges Others In Electoral College Not To Vote For Trump". WBUR. Retrieved 20 October 2017.
  6. ↑ LAKANA (20 December 2016). "One Colorado elector fails to vote for Clinton, is replaced". KRDO.
  7. ↑ "POLLY BACA and ROBERT NEMANICH v. JOHN W. HICKENLOOPER JR". Politico. Retrieved 6 October 2017.


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