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The Arizona State Legislature Must Invoke Nuclear Option To Choose Electors, Since Subpoena Was Ignored
https://naturalborncitizen.wordpress.com ^ | 12.20.2020 | Leo Donofrio

Posted on 12/21/2020 3:33:50 PM PST by rxsid

THE ARIZONA STATE LEGISLATURE MUST INVOKE NUCLEAR OPTION TO CHOOSE ELECTORS, SINCE SUBPOENA WAS IGNORED

I want to thank everyone at American Thinker for publishing my piece over there today:

“Who has the power to appoint presidential electors?”

https://www.americanthinker.com/blog/2020/12/who_has_the_power_to_appoint_presidential_electors.htmlhttps://www.americanthinker.com/blog/2020/12/who_has_the_power_to_appoint_presidential_electors.html

A few more thoughts on the piece. First, if you haven’t read it, please go to AT and do so. Then ponder this:

Will. That’s all it will take. Will. Self-convene by phone, video-conference, in person, anywhere, and set this election straight by choosing Presidential Electors for Trump.

Inferior officials have refused to obey your subpoenas in Arizona. The Wisconsin Supreme Court has just held that laws enacted to protect handicapped voters were trampled on by Wisconsin Election Officials and voters. In Pennsylvania, a United States Supreme Court order to segregate ballots was ignored, and the Legislature’s laws as to ballot deadlines were usurped. In Georgia, the Secretary of State unilaterally did away with the Legislature’s enactments on signature matching. In Nevada, and elsewhere, tens of thousands of people voted twice, or voted after death. All of the above took strong will.

But that was the will to break the law. You, State Legislatures, must now have the will to enforce the law. Your decision is to enforce the law, or to condone the will used to break the law. Those are your only two options.

The Legislatures were given plenary authority to police the appointment of Presidential Electors. That’s the Legislatures’ enforcement power. Call all of their bluffs now. You are terrible poker players if you fold America’s winning hand. The Florida Legislature called all bluffs in 2000, and they were praised for it.

And what about time? 3 U.S.C. § 7 set the time when the electors should meet and give their ballots. But the time is based on all electors having been appointed first. If a state is contested, especially by factions of its own Legislature, as in Arizona now, then the electors have not been finally appointed.

See my previous report, where I explain in detail why December 14th was not set in stone by 3 U.S.C. § 7. Most analysts have misinterpreted the statute. Let’s read it two ways; first, as it is written, then, as it has been misinterpreted:

“The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment…

If Arizona, or Michigan, or any State, discovered serious fraud that would change the election result, they would have the right and duty to fix the fraud. Let’s say, for example, that Arizona did a forensic audit of Dominion machines in Maricopa County, and it showed fraud, and by correcting the result, Trump has a clear victory.

On Dec. 22nd, the Legislature of Arizona orders the appointment of Trump electors. The second Wednesday in December “next following their appointment” is Dec 30, and the first Monday after that is January 4th.

Now let’s examine how most folks are reading 3 U.S.C. § 7:

“The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December…”

Full stop. They don’t read the next few words. You see? Most people stop at December, and they ignore “next following their appointment”. Without these words, 3 U.S.C. § 7 would set a date in stone each cycle, just as Congress did with 3 U.S.C. § 1, which states:

“The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.”

Federal Election Day is set in stone each cycle by the statute. You can look at the statute, look at a calendar, and put your finger on the exact day prescribed by law. You cannot do that with 3 U.S.C. § 7, because you need more information than just the statute and a calendar. You need the date all electors were finally appointed.

For example, had all Presidential Electors been appointed on November 3rd, 2020, then the first Monday after the second Wednesday in December “next following their appointment” would have been December 14th. But all Presidential Electors were not appointed on November 3rd. Appointment is contested in multiple States.

Just because one branch of state government usurps the plenary authority of a state Legislature, and barrels over them in seating electors prematurely, does not erase the plenary authority of the Legislature to police Presidential Election fraud.

So, 3 U.S.C. § 7 has a floating date built into its formula, based upon the day when every State in the Union has finally appointed the electors determined by the Legislature. If the Legislature is still unsure, and it is still investigating, then no final appointment shall have taken place.

LOOKING PAST JANUARY 6th

Now let’s look past January 6th. And let’s imagine that the United States Supreme Court issues an order after its January 8, 2021 conference, stating that no votes in Pennsylvania can be counted which arrived after the time set by its Legislature for the Presidential Election to end, which was 8 P.M., Nov. 3rd. And let’s assume that two other states see their results overturned by their Legislatures, or the Supreme Court, after January 6th, but before January 20th? What happens then?

Read the Twentieth Amendment, § 3:

“If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President…”

That’s the Constitution of the United States, folks. Nobody knows what that means, because the United States Supreme Court hasn’t fully interpreted Section 3 yet.

But understand this: the Pennsylvania GOP case has been “DISTRIBUTED for conference 01/08/2021″ at SCOTUS. So maybe the Court will interpret Section 3 soon enough. Until January 20th, high noon, we are in muddy Constitutional waters.

LOOKING PAST JANUARY 20th

After a wrongful election, where one candidate takes office, there’s always the possibility of a Writ of Quo Warranto. Some have argued that only impeachment and conviction in the Senate can remove a sitting President President. But if you get a Writ of Quo Warranto issued, that means the White House occupant it’s issued against was never actually President. Their holding the Office of President becomes a nullity. The person has not technically been “removed” from office, but rather, a Writ of Quo Warranto acts as if that person was never President to begin with.

There is a line of cases that issue Writs of Quo Warranto for false election results caused by fraudulent or faulty tabulation machines, after the wrong person takes office:

“Challenges to the outcome of a general election based upon alleged voting machine malfunctions necessarily fall within the purview of quo warranto.” Matter of Delgado v. Sunderland, 97 N.Y. 2d 420 (2002), 767 N.E. 2d 662.

Here is the federal Quo Warranto statute:

“A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military.”

If President Trump has the will to keep fighting, then this horrific saga in United States election history still has a very long road to go before the final result is determined.



TOPICS: Government; History; Politics; Society
KEYWORDS: arizona; biden; dontgiveup; election; electionfraud; elections; electoralcollege; electors; georgia; legislature; michigan; nevergivein; nosurrender; nowhiteflag; pennsylvania; statelegislature; trump; wisconsin
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Emphasis added.
1 posted on 12/21/2020 3:33:50 PM PST by rxsid
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To: bitt; LucyT
Ping!

THE ARIZONA STATE LEGISLATURE MUST INVOKE NUCLEAR OPTION TO CHOOSE ELECTORS, SINCE SUBPOENA WAS IGNORED

2 posted on 12/21/2020 3:34:10 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

“must” and “will” are two different things


3 posted on 12/21/2020 3:35:21 PM PST by FreshPrince
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To: rxsid
THE ARIZONA STATE LEGISLATURE MUST INVOKE NUCLEAR OPTION TO CHOOSE ELECTORS, SINCE SUBPOENA WAS IGNORED

And who is going to make them do that, which they have already refused to do? You?

4 posted on 12/21/2020 3:36:09 PM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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To: FreshPrince

Indeed. And as of now, the republican legislatures lack the “will” to exert their Constitutional authority.


5 posted on 12/21/2020 3:36:30 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Please, legislators, please do it now!

we can’t allow USA to be taken over by a couple billionaire seditionists and foreign dictatorships (DNC Puppetmeisters)

you KNOW Trump won in AZ.
by a BIG margin!

94 mile Trump supporters traffic jam RALLY in Arizona, compared with NOT A SINGLE VOTER SHOWING UP for Biden’s Arizona rally

what more proof do you need, for Heaven’s sake?


6 posted on 12/21/2020 3:37:21 PM PST by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: Jim Noble
Yes. "We the people."

Or, we can sit around and bitch about it....like You!

7 posted on 12/21/2020 3:37:28 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Counting of Electors?


8 posted on 12/21/2020 3:43:48 PM PST by TNoldman (AN AMERICAN FOR A MUSLIM/BHO FREE AMERICA. (Owner of Stars and Bars Flags))
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To: fidelis
Ping!

The Arizona State Legislature Must Invoke Nuclear Option To Choose Electors, Since Subpoena Was Ignored

RE: Arizona State Senator at ‘Stop the Steal’ Rally: ‘We’re Not Going to Give Up’

If your a constituent of Arizona State Sen. Sonny Borrelli, or any other in the state for that matter, you might want to inform them they hold all the cards. They have the authority to act and not just talk or rally. Please pass along to anyone else you might know who is a concerned citizen in Arizona.

9 posted on 12/21/2020 3:44:00 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Not only that but under 3 USC 15, these votes won’t count unless both houses of Congress agree:

But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted.


10 posted on 12/21/2020 3:44:49 PM PST by scrabblehack
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To: faithhopecharity

They don’t care about us, only themselves. I don’t see them doing the will of the people at all.


11 posted on 12/21/2020 3:44:58 PM PST by hsmomx3
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To: faithhopecharity
"94 mile Trump supporters traffic jam RALLY in Arizona"

Yes! All those people who supported and voted for Trump in Arizona (& all the other contested states) must get on the phone with their elected state reps and demand that they (the state legislatures) utilize their Constitutional authority to send a new slate of electors for Trump to the fed gov by Jan 4th.

12 posted on 12/21/2020 3:47:07 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: faithhopecharity

I agree, that 94 miles gathering was impressive.


13 posted on 12/21/2020 3:47:50 PM PST by Jonny7797
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To: Jim Noble

Magical unicorns, since he can’t get any more delusional.


14 posted on 12/21/2020 3:48:23 PM PST by RedStateRocker (Nuke Mecca. Deport all illegals. Abolish the DEA, IRS and ATF,.)
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To: rxsid

The scary thing is that we must rely on the honesty and strength of the Republicans in Congress...And I am not too optimistic about that...If on Jan. 7 those with the power determine illegally that Biden has enough votes to win, there’s not anything other than an armed revolution that will keep Trump in power...


15 posted on 12/21/2020 3:49:06 PM PST by Iscool
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To: rxsid

They’re ignoring subpoenas all over the place. Funny, once upon a time you would have ended up in jail, since “sub poena” is Latin for “under penalty.” Not now, I guess, as long as your party or opinions are correct.


16 posted on 12/21/2020 3:55:49 PM PST by livius
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To: rxsid

YES YES YES! either we get this election theft corrected or else we no longer have a representative government... it will be quite a tyranny, too, what with the evil Puppetmeisters controlling the DNC


17 posted on 12/21/2020 4:00:46 PM PST by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: hsmomx3

you are probably correct but it is so very very sad if the elected legislators won’t represent us or do their jobs


18 posted on 12/21/2020 4:01:21 PM PST by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: Iscool
"If on Jan. 7 those with the power determine illegally that Biden has enough votes to win, there’s not anything other than an armed revolution that will keep Trump in power..."

It very well might come to armed revolution, but that won't happen for several more years if it is to happen.
There are plenty of quitters on on "our side" to any kind of continued fight or even pushback...just look around here for example. Our Commander in Chief says he's not giving up, he's not going to conceded, but plenty out there have already thrown their hands in the air.
Enough of us will not have hit rock bottom yet.

They will steal the 2 GA senate seats after the presidential steal in that state. Then, forget about "we'll get em next time" or "just wait until 2022 when we take the house back," all very short sighted and not paying attention to what the socialist/communist/marxist/hate America crowd have been saying and what they've done to Trump the last 4 years.

If stopthesteal ultimately doesn't work, it's going to get really....really bad and there will be nobody in power to stop them politically/judicially. Even being in the reddest of red states wont matter at all, so long as it remains part of the "United" State of America.

19 posted on 12/21/2020 4:06:00 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Iscool
“ there’s not anything other than an armed revolution that will keep Trump in power...” Look, this is a bipartisan done deal and undoubtedly has the support of the armed forces. Sending patriots out to be slaughtered is irresponsible, unless of course you are planning to lead the charge, in which case, te salut.
20 posted on 12/21/2020 4:07:49 PM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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