By Tom Mustin

DENVER (CBS4) – There was plenty of drama at the Colorado state Capitol on Monday during the Electoral College vote.

Protesters shouted after Micheal Baca was replaced by another elector for refusing to cast his ballot for Democrat Hillary Clinton.

“I voted for John Kasich and Tim Kaine,” Baca told CSB4’s Tom Mustin.

Michael Baca during the vote (credit: CBS)

Micheal Baca during the vote (credit: CBS)

Under state law, the nine electors have to vote for the winning presidential candidate in Colorado. In this case it was Clinton.

A judge had recently overturned a lawsuit filed by two electors, including former Colorado Sen. Polly Baca, to change the law. It was all part of a long-shot effort nationwide to keep Donald Trump from collecting the 270 electoral votes needed to win the presidency.

Polly Baca (no relation to Micheal Baca) says she supports her colleague’s decision.

Former Colorado Sen. Polly Baca (credit: CBS)

Former Colorado Sen. Polly Baca (credit: CBS)

“I think he had a right to vote as he intended according to his conscience,” Polly Baca said.

Eventually all eight electors and the replacement voted for Clinton. Secretary of State Wayne Williams says the failed suit should have ended the controversy.

“We are a nation of laws. Judges reviewed the claims, decisions. They made those decisions,” Williams said.

Colorado Secretary of State Wayne Williams (credit: CBS)

Colorado Secretary of State Wayne Williams (credit: CBS)

The vote had been delayed Monday after a judge denied a last-minute appeal regarding the wording of the oath.

Michael Baca could face charges.

“We’re going to wait and see if charges will be filed. At this point they have not been. He has not been arrested, ” Michael Baca’s attorney Jason Wesoky said.

After an unprecedented day following an unprecedented election, Williams says any further punishment is out of his hands.

Michael Baca after the vote (credit: CBS)

Micheal Baca after the vote (credit: CBS)

“Do you think Michael Baca should face prosecution?” asked Mustin.

“I think it’s appropriate for the (attorney general) to review that matter and make that decision,” Williams said. “I do think you should follow your oath and I’m disappointed he didn’t.”

Three million Coloradans voted in the presidential election — the most in state history.

Tom Mustin is CBS4’s Weekend Anchor. He has been with CBS4 since 2002, and is always looking for great story ideas. Connect with Tom on Facebook or follow him on Twitter @TomCBS4.

Comments (75)
  1. Fred Garvin says:

    Under the category of “Careful what you ask for,” Hillabeans once again shows how delusional she really is towards the American people. Talk about dodging a real loser bullet.

    1. OK, so Colorado threw nits electoral votes on the trash heap with California,

  2. In this case, the elector was not only breaking an oath he had made, he was violating state law. and his violation of that state law was made particularly egregious by the fact that the law in question had already been adjudicated in regard to himself. So he, in doing this, also defied a court order addressed to himself. All this leaves him with absolutely no excuse for his unlawful act, which, if it had also been done by a sufficient number of other electors, would have overthrown and subverted our constitutional form of government.

    So, yes, definitely, he should be prosecuted to the full extent of the law.

    1. Jim Bean says:

      I don’t think he should be prosecuted. Every liberal wanted the electors to vote for their conscience, regardless of the general election outcome and regardless of consequence. So that is what they got with these electors. Angry libs need to take their dose of reality too in this life.

    2. Now wait, I thought the mantra from the left was to disregard the state laws because the penalties were a small price to pay to vote your conscience and the laws were unconstitutional anyway. We also heard such electors would be respected by Hollywood stars and deemed courageous and heroes. So does that only apply to electors with whom you agree politically?

    3. How can voters have faith in the election process when some elector can nullify their votes?

    4. I guess some folks would rather risk going to jail and being sued than to have to live with voting for Hillary Clinton. Honestly, I can sympathize.

  3. A president Hillary would be seconds from the nuclear attack codes 24/7. Think about Hillary’s incredible temper tantrum the night of the election – throwing chairs into walls, lamps at people, cussing like a sailor (who has reason at times), and had to be sedated for the safety of people around her. Yes, we dodged a real bullet (nuclear attack)

  4. So,when it comes to Trump,it’s “vote your conscience,damn the law,but when it comes to Hillary,the elector could be the first one in history to face charges.
    Democrats are a study in hypocrisy.

    1. Stan Dupp says:

      A thousand thumbs up on that one. You nailed it.

      1. It was OVER for Hillary before it began!

        Remember Benghazi!

    2. Consider the irony of Sec. of State Williams, a Republican, enforcing the law against electors who wanted to vote for someone other than Clinton. The US Constitution is clear that states make the law regarding how electors are chosen and how they will vote.

      1. Lewis Goudy says:

        No the Constitution says nothing about how the electors will vote.

      2. Lewis Goudy says:

        Sorry DD I misread your post. You are absolutely correct imo but the how they will vote part is unclear enough that Congress might try to get in the act. “Each state shall appoint, in such manner as the Legislature thereof may direct…” I take the manner of appointment to include the burden of duty concomitant to appointment, which I suppose your view also.

  5. Mainstream media has become totally irrelevant. They have become nothing more than a propaganda arm for the state and the cabal. It make sense that the mainstream media is owned by 5 only corporations.

  6. wait til those protesters find out that Hillary didn’t win

  7. Doug Forbes says:

    Who do these people think they are? The people did not chose them nor did the people empower them. THis is a naked power grab by jerks.

  8. I am about as far away from being a Clinton supporter as you can get and then some. BUT, what is the point of having electors if they are not allowed to vote their conscience? In my opinion, if a State has a law binding the electors then there should be no electors to be subjected to what these have been.

    1. Tim Holt says:

      JMOLLY- Then why have an election at all. Lets just let these 500+ pukes decide the election. Unreal!

    2. Stan Dupp says:

      The idea of having living, breathing “electors” originated in an era before there was instant mass communication. Indeed, the Electoral College function–and it is ESSENTIAL that we keep it–could now indeed be performed automatically by computer once the State’s vote is certified. But until this generation of wild-eyed, chaos-seeking, principle-empty “progressives” arrived, it was kind of a nice ritual of society to have these people assemble at the State capital for doing the honors of officially submitting their State’s results. It probably helped bring closure to many political battles within many States–until the next go-round, at least. There was a time when ANY attempt by outsiders to influence a State elector would have serious consequences–tar and feathers being perhaps one of the more lenient. But now people have e-mail and cellphones and lack common sense and courtesy and have no conscience and it’s easy to be a bully using such weapons.

  9. The Electors should fill a ministerial function only – vote for whom you’re directed to vote for. This is, in effect, how the constitutional provision has been interpreted: no presidential candidate campaigns to electors, no voter votes for electors.

  10. David Frank says:

    So, is the fat pig Moore going to pay this guy’s fines?

  11. Paul Welch says:

    I wonder if Humpty Dumpty (michael moore) will pay the fine. He said he would.

  12. @Jasamine Molly. Jasamine, electors exist, not to vote their conscience, but to give proportional representation of their state in the Pres. election. This is to ensure that EVERY state, including the small ones, get some proportional (presumably based on census) representation otherwise the very large states like California, based on their enormous populations, would literally decide every election and smaller, or less populous states would literally have no real input into the Presidency. Electors should NEVER be allowed to “vote their conscience” as in doing so they undermine the will of the people of their state.

  13. Interesting how Democrats were working two war rooms trying to upend Trumps win in the electoral college and when one elector changes his vote away from the Democrat, prosecute and lock his a$$ up. I know it is the Colorado state law, but it is the irony of the Democrat double standard that has been around for decades. They should change their party from the Democrat party to the Hypocrat party, I think they have earned that title.

  14. Joe Swartz says:

    NO, Polly, he does NOT have a right to vote as he intended according to his conscience, not now. He had that right on November 8th. But now he is voting as a representative of the people of Colorado.

  15. How many times now has Hag Hillary lost! I for one have lost count!!!

  16. He’s should be prosecuted – period. It’s about following the electoral process and fulfilling your oath. If your word means nothing, then leave. This guy has a conscience for which official he will vote for, but not fulfilling an oath. Absolutely ridiculous!

  17. Rob Clary says:

    haha – the same drones wanting Trump electors to defect are all about punishing one of their own…lol

  18. Randy Weaver says:

    So the people who encouraged Republican electors to defy the law are very likely to insist on prosecution of a “faithless” Democrat elector… While the irony isn’t terribly surprising, it does illustrate the “one set of laws for you, another for us” attitude of the Clintons and progressives in general.

  19. I think that a celebration is in order. Someone should invite Michael Baca to a blanket party.

  20. Joseph Gouge says:

    I’m not stating whether I agree with it or not, but it is a fact that all electors have the right to vote how they seem fit. The framers of the Constitution despised the idea of electing a President based on a popular vote, which is why they created the Electoral college in the first place. No state law can force an elector to vote a certain way because their vote is protected by the Constitution. If a state or a number of states wishes to force electors to vote a certain way then they would need to amend the Constitution first, but if that is their desire then it would seem pretty pointless to select electors in the first place.

    1. Impressive, the ease with which you make up facts.
      The fact is that we do not have a national election. We have 50 state elections. Based on those 50 states votes, electors vote to represent the will of their states’ voters. Some states have laws, as states are allowed to, and some state don’t have laws requiring their electors to vote for the states’ choice.
      Trump won the majority of votes in all of the states total votes combined, until CA is added. Considering the illegal alien problem, the fact that ObaMao & #PizzaGate Podesta encouraged illegals to vote, and Pew Research’s doubt on the legality of 24m votes, Trump did not even lose CA if it weren’t so corrupt after decades of corrupt Democrat rule.

    2. Yes, an EC elector’s right to ‘vote their conscience’ is protected by the Constitution, and “they do so” as average citizens (not EC electors) “in the primaries/caucuses and general elections.”
      Because the 50 states are a “laboratory of democracy,” EC rules vary somewhat by state, as do the legal protections and prohibitions defined by each individual state. When someone accepts the position of EC elector, he/she has “already voted her/his conscience” and is now required to follow the EC rules that cover their state.

  21. What hypocrisy. So, there were death threats trying to make Republican electors change there vote but when it happens to the dems they want to jail that elector. If it was the other way around the left would be praising this guy.

  22. Jn SEsq says:

    This just keeps getting better and better. LOL

  23. Dusty Rhodes says:

    LMAO! The libs pounded on the GOP electors to ‘vote their conscience’ and it backfired – more dems jumped ship than did republicans.

  24. illinoisatlarge says:

    Democrats believe in the two party system with different rules for each party. Republicans must be driven to change their votes, but Democrats must stick to their candidate no matter how unfit.

    Where is the DOJ? They should be investigating the death threats and intimidations of electors. Those are voting right felonies.

  25. I really don’t understand this line in the article:
    “A judge had recently overturned a lawsuit filed by two electors, including former Colorado Sen. Polly Baca, to change the law. It was all part of a long-shot effort nationwide to keep Donald Trump from collecting the 270 electoral votes needed to win the presidency.”

    Why would a state who went to Clinton have any negative affect on Trump’s numbers? This paragraph doesn’t make ANY sense in the context of the article.

  26. Jim Moore says:

    Democrats have lost their minds.

  27. They will decide on charges after consulting with Hillary’s lawyers.

  28. More evidence that liberalism is a psychological disorder.

  29. Bill Clinton being a faithful elector was the first time he had been faithful to Hillary in years

  30. Tony Ascaso says:

    Losers voting for losers! I love it! What a comedy and a laughing stock.

  31. Charges? We all know if the state had gone to Trump and this elector had refused to vote for Trump he would have been hailed as a hero.

  32. ROFLMAO @ leftwingnut democrats!

  33. So Hillary lost more than 5 Electorial votes? Love it!

  34. Sam Shaw says:

    What do the Electors don’t understand they are required to vote for the candidate ppl have voted for.
    They should not be allowed to change the vote on their own bias.

  35. A faithless elector’s inability to vote for #CriminalVagina is not “part of a nation-wide effort to deny Trump.” (It is worth noting that the #CriminalVagina had more faithless electors than Trump, and his is a criminal Democrat who posed as a Republican.)
    It turns out, faithless electors were a few sensible Americans’ inability to vote for a criminal who stole the nomination from Bernie-the-Marxist, who later betrayed everything he ever stood for when he endorsed the fascist criminal who stole his nomination.
    To report otherwise is to be expected from the #FakeStreamMedia.

  36. Fred Doe says:

    These characters are chosen to submit a vote representing the people of their state. No matter which party they represent they should do just that. I personally detest hillary and know her to be the cosmically corrupt incompetent that she is. Yet if I were a chosen as an electoral voter I would hold my nose and vote for her in spit of the fact that I personally believed she would destroy the country completely. An individual has no right to try and replace the vote they were chosen to make with one of their own. To not vote as they were supposed to do should cancel that vote, they should be replaced and spend a good while in prison.

  37. I think those stupid “has been” Hollywood actor commercial pleas are working.

  38. I propose having the ‘Elector’ job automated. They were never intended to cast their vote or ‘opinion’ or ‘conscious’. The original function was to deliver the results of their state’s votes, in an age that predated instant communication and fed ex.

  39. Ra Williams says:

    Maybe Martin Sheen can pay his legal fees for voting his conscious? Don’t call me he’ll call you.

  40. Wing nuts, the snow flakes
    were as happy as a bird,
    with a corncob pipe shoved up their arse
    and two eyes made out of turds.

    Leftwing nut snow flakes lived a fairy tale, it seemed,
    as long as things just went their way
    then their life was like a dream.

    But there must have been some magic in that
    Red cap Donald wore,
    For when they saw it on his head
    they would swear and swear some more!

    O, wing nuts, you snow flakes,
    get your hankies out and cry,
    Roll on the floor and sob and whine
    as the tears fall from your eyes!

    Hillary led you down the path
    and promised you the moon
    and when you saw her on TV,
    you began to blush and swoon!

    She led you down the streets of town
    With her lies and covert schemes,
    You bought her BS every day
    and you thought she was your dream.

    ’Til election day and Donald won
    and your pansy arse got reamed!

  41. They put Kim Davis in jail…why not ?

  42. Hard to believe the once great state of Colorado is now being run by a bunch of twinkle toed cupcakes…

  43. snailmailtrucker says:

    Once again the Precious SnowFlakes Demonstrate How the Entire World
    is all about Them and their Feelings !

  44. snailmailtrucker says:

    How in God’s Name is Bill Clinton an Electoral College Voter from New York ?

  45. Ryan Johnson says:

    Don’t worry. Michael Moore said if you vote your conscience he would cover your fees. He should be able to get you a good lawyer too. You can find him on twitter or randomly wandering around outside Trump Tower in NY.

  46. Mike Herman says:

    Not a problem. Just ask Michael Moore to pay the fine; he said he would for electors who got into legal trouble for voting their conscience. Nobody with a conscience could vote for HiLIARy.

    1. Franko Ku says:

      Beat me to the punch – a leader of the snowflakes Larry Lessig will also rep him in court.

  47. jbspryjbspry says:

    The voting booth is the place to “vote your conscience”. An elector’s position is a ceremonial one mainly. You are representing the people of your state in the national election arena.
    This whole “conscientious objector” mentality is getting absurd. The Left is hopelessly mired in the sixties antiwar mindset.

  48. Ruth Ulrich says:

    Now on a totally different tangent… you would think he would respect the EC and the process enough to put on something besides a t shirt to attend. He was attending something where he would be a part of history, his signatures and the notes of the meeting are in the National Archive, and he has so much respect for it that he couldn’t be bothered to dress in a manner that shows a little more respect?

  49. Joe Schmoes says:

    So, let’s recap. A democrat elector tries to vote for John Kasich, but that is somehow reported as part of an attempt to keep Donald Trump out of the White House? Huh??? Who the heck reports such falsehoods? They’re delusional. This Colorado caper was strictly all democrat and had nothing to do with Donald Trump.

  50. Hillary had the most defector electors than any presidential candidate in more than 100 years. Makes sense, as she is the most cheated upon woman in American history. A total loser.

  51. Jill Stein gets recount, Trump’s lead in votes increases. Media push rogue electors, Hillary loses more electoral votes. HILARIOUS!!!

  52. Leo Rodolfo says:

    ” It was all part of a long-shot effort nationwide to keep Donald Trump from collecting the 270 electoral votes needed to win the presidency.”

    That sentence right there epitomizes the difference between reporting and propaganda.


  53. Thomas Arney says:

    Baca is such a classy guy, trying to cast a high profile dissension Electoral College vote, in a fairly historical election, and he wears a yellow t-shirt? Honor the tradition and the venue, dress appropriately.

  54. Ja Busse says:

    It is like analyzing why the dead horse finished last.

  55. Since both the Colorado House and Senate are controlled by the Democrats, I doubt they will try to change the law to allow electors to vote for whom they wish, rather than the current law saying they have to vote for who won the state vote. This Republican didn’t want to vote for Hillary, but also didn’t want to vote for Trump.

  56. Don’t people understand law and responsibility?
    Jail and a fine for this lawbreaker!

  57. Fraud. He was supposed to vote the will of the people. He betrayed their trust for his own purposes.