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The U.S. Court of Appeals for the Tenth Circuit recently issued a ruling in a case on “faithless electors,” Baca v. Colorado Department of State, that has received some media attention. The case is certainly interesting and the opinion from the court is thoughtful and thorough. The opinion from the court is deserving of some explanation of what it could mean for 2020 and beyond. There has also been speculation of the decision’s impact on the National Popular Vote Interstate Compact, which is also deserving of explanation.
Radical changes to federal election law have become cause célèbre of Democrats. The House has already passed the For the Politicians Act, H.R. 1, on party lines. Although H.R. 1 has no chance of passage in the Senate, Democrats are discussing other changes to federal elections, including abolishing the Electoral College.