Koller

Koller v. Brown

Good Law

224 F. Supp. 3d 871·2016 WL 7325032·2016 U.S. Dist. LEXIS 174409

United States District Court, Northern District of CaliforniaDecember 16, 2016Case No. 5:16-cv-07069-EJDCalifornia3,566 words

Opinion

Lead Opinion

Davila, J.

ORDER DENYING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

On Tuesday, November 8, 2016, the citizens of the United States cast their votes for the offices of President and Vice President. The Democratic candidates for those offices, Hillary Rodham Clinton and Timothy Kaine, “won the nationwide popular vote by at least 2.7 million votes, and won the California popular vote by a large margin.” Dkt. No. 1, at ¶ 13. Yet, the Constitution does not permit Presidents and Vice Presidents to be chosen based on the outcome of the popular vote. They are instead selected by a group of individuals designated in each state, known as “electors,” who together make up an Electoral College. The Electoral College chooses who will be President and Vice President, and if each state’s electors vote consistent with the popular vote of their respective states on December 19, 2016, Donald J. Trump and Michael Pence will succeed to those offices.

This case involves a California elector, Plaintiff Vincenz J. Koller (“Plaintiff’), who believes it is his duty “to vote in the best interests of the state and nation” by selecting the persons he feels are “properly fit and…

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