(DENVER) — A U.S. appeals court in Denver said Electoral College members can vote for the presidential candidate of their choice and aren’t bound by the popular vote in their states. The 10th U.S. Circuit Court of Appeals ruled Tuesday that the Colorado secretary of state violated the Constitution in 2016 when he removed an elector and nullified his vote because the elector refused to cast his ballot for Democrat Hillary Clinton, who won the popular vote. The ruling applies only to Colorado and five other states in the 10th Circuit: Kansas, New Mexico, Oklahoma, Utah and Wyoming. It could influence future cases nationwide in the unlikely event that enough Electoral College members strayed from their states’ popular vote to affect the outcome of a presidential election, constitutional scholars said. The Electoral College system is established in the Constitution.

 

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