Colorado's electors vote for Hillary Clinton after one removed for voting for another candidate

Colorado elector Robert Nemanich sits down with 11 News.
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COLORADO SPRINGS, Colo. (KKTV) - UPDATE (12/19) 3:30 p.m. :
Donald Trump surpasses 270 votes in Electoral College to formally win presidency.

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UPDATE (12/19): The Associated Press is reporting that Colorado's electors voted for Hillary Clinton after one was removed for voting for another candidate.

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UPDATE (12/16): An effort by two Colorado electors to keep president-elect Donald Trump out of the White House hit another wall Friday. The Colorado Supreme Court won't hear an appeal to let the state's electors vote for someone other than Hillary Clinton.

The two Democrat electors were hoping to change their vote, breaking state law, joining with a group of Republicans across the country to elect another candidate to replace Trump as president.

As of Friday the two electors have lost every legal case. They appealed a lower-court judge's ruling on Thursday.

A Denver judge ordered the state's nine electors to vote for the winner of Colorado's popular vote, Hillary Clinton. The judge added that if the electors didn't vote for Clinton they could be replaced. The two electors filed a lawsuit against the state in November.

Trump won 306 electors to Clinton's 232 nationwide.

The nine Colorado electors are scheduled to vote Monday.
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ORIGINAL STORY (12/13): On Tuesday a Denver judge dealt another hit to the two Colorado electors trying to keep Donald Trump out of the White House.

The judged ordered the two to keep their oath and vote for Hillary Clinton and Tim Kaine on behalf of the voters.

“If [presidential electors] take the oath and do violate the statute, there will be repercussions,” said Denver District Judge Elizabeth Starrs.

The state filed a petition on Friday to seek guidance on how to handle the electors. The ruling is the second against the two electors, who have appealed the other decision to a federal court.

The two Colorado Electoral College electors are suing to overturn a state law that requires them to vote for the candidate who won the state's popular vote.

A major blow to their plan came Monday when a federal judge rejected their attempt to suspend a Colorado law requiring the state's nine electors to vote for the state winner of the presidential election.

The decision from the judge creates a major setback to the plan by several electors trying to keep Donald Trump out of the White House.

"The lawsuit specifically seeks an injunctive relief on state law, which binds the electors, the presidential electors, to voting the popular vote," Colorado national elector Robert Nemanich.

Nemanich, who lives in Colorado Springs, says it goes against the U.S. Constitution.

"The national electors were always meant to be free agents in the Constitution. The Constitution, Article 2, the 12th Amendment, specifically outlines what the responsibilities are, and [electors] are supposed to vote as they see fit."

Nemanich, a Democrat, says this is not an attempt at making Hillary Clinton president. The issue, he told 11 News reporter Katie Pelton, is Donald Trump's fitness to serve.

"This year is exceptional. So why this year, what are we doing, what's going on? ... [The electors] have come to the conclusion that Donald Trump is unfit for the presidency. Period.

"We want to injunct [the state of Colorado], we want to find them unconstitutional so that the electors know that they can fully, without risk of penalty, vote their conscious."

Their end game is to elect a different Republican as president.

"Our aim is that we are seeking to find an alternative candidate, most likely a Republican, where a minimum of 38 national electors who are Republican join with 232 Democrats and we elect them as the president. And our real aim is to try to find a Democrat for vice president and put forward a bipartisan administration," Nemanich explained."

The Colorado secretary of state calls them "faithless electors" who have "arrogantly thumbed their noses at Colorado’s voters."

"To take away that right to vote from the 2.9 million Coloradans, from the tens of thousands of people in the Pikes Peak area who put their lives on the line to protect that right to vote is intolerable," said Secretary of State Wayne Williams.

"That lawsuit should be dismissed," Williams added.

“We're not thumbing our nose at anybody. I'm doing what's the duty. Donald Trump is unfit to serve. I have to do my duty as Alexander Hamilton spelled out in Federalist 68," Nemanich argued.

An attorney for Trump filed papers contending the litigation would undermine the electoral college.

The Electoral College is set to vote on Dec. 19.