By voted for Kasich, Baca violated a state law and an oath he took where he promised to vote for the candidate who won the popular vote in Colorado — which was Clinton.
After he voted, Baca was replaced by another elector who voted for Clinton.
According to the Denver Post, Baca’s lawyers are issuing a challenge saying the state doesn’t have the authority.
Earlier this month, Kasich told would-be “faithless” electors not to vote for him.
“This approach, as well meaning as it is, will only serve to further divide our nation, when unity is what we need,” Kasich said.
Colorado Secretary of State’s office has asked for the attorney general’s office to investigate Baca’s action. Baca could face felony perjury charges for violating the oath.
Deputy Secretary of State Suzanne Staiert said in a statement that Baca’s action was a violation of state law that requires “each presidential elector shall vote for the presidential candidate and, by separate ballot, vice presidential candidate who received the highest number of votes at the preceding general election in this state.”
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