DENVER — The two Democratic members of Colorado’s Electoral College who want to vote for a compromise candidate will appeal Tuesday’s state court ruling to the Colorado Supreme Court.
Polly Baca and Robert Nemanich filed a lawsuit challenging the Colorado law that requires state electors to vote for the candidate elected by popular vote.
The electors want to vote for someone other than Hillary Clinton in an attempt to keep Donald Trump from becoming president.
A judge struck down the lawsuit Monday, and Baca and Nemanich said they would appeal the decision to the 10th U.S. Circuit Court of Appeals. However, the Secretary of State’s Office said the court does not have to hear the appeal before the official vote on Monday.
On Tuesday, a state court judge ruled that all nine members of Colorado’s Electoral College must vote for Clinton or vacate their positions.
On Wednesday, Baca and Nemanich announced they would appeal that ruling as well.
Initially, Judge Elizabeth Starrs said if the electors took the oath and didn’t vote for Clinton, they would face criminal penalties.
She later changed her ruling to say the electors would be replaced if they don’t vote for Clinton and it would then be up to prosecutors to decide whether they would face charges.
The ruling ensures Clinton will receive all of Colorado’s nine electoral votes.
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Trump lost the national popular vote by about 2.6 million votes but won enough states to give him 306 Electoral College votes. He only needs 270 votes to win.
Baca and Nemanich wanted the law ruled unconstitutional so it could affect other states with similar laws. That way, electors in states that Trump won could be freed to vote for someone other than the president-elect.
If it happened, they would need to persuade all 232 Democratic electors and 38 Republican electors to vote for someone else.
There are 29 states that require members of the Electoral College to vote for whoever won the popular vote in their state. So-called faithless electors might be subject to fines or could be disqualified for casting an invalid vote and be replaced by a substitute elector.
In Monday’s ruling, U.S. District Court Judge Wiley Daniel struck down the lawsuit and called it a “political stunt.”
Members of the Electoral College will meet in their respective state capitals on Monday to cast their official votes.
Colorado electors could face up to one year in jail and a $1,000 fine if they defy the law and vote for someone other than Clinton.