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Looks like Colorado is a bit more likely to be a 5/4 or 4/5 from here on out.

As explained in the article, the lawsuit was based on the premise not that the new rules were unconstitutional per se, but rather that it would violate the voting rights of 2004 voters because they would be voting for president without knowing precisely how the popular vote would translate into electoral votes. Is this as nonsensical as it sounds to me? Wouldn’t that mean the various protest votes cast by members of the electoral college over the years (as I understand it, one West Virginian GOP elector is threatening to provide us with another one this year) violate constitutional voting rights? If there is a constitutional right for perfect knowledge about precisely what members of the electoral college will do, well, that right has been violated pretty frequently.

Are there other Federal Lawsuits? Lawsuits that address state constitutional issues? Some quick googling isn’t finding anything. I suppose this Napolitano character could appeal, but to my untrained eye his legal reasoning doesn’t seem promising.

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