First off, understand that when you vote for president, you’re really voting for Presidential Electors pledged to the ticket of their respective political party. The party’s national committee can simply send registered letters to their Electors informing them that the ticket has been changed. This can be done all the way up to the date that the members of the Electoral College vote in their respective state capitals. This satisfies the federal requirement, and there is precedent. In 1872 Horace Greeley died after the November election but before the Electoral College met. He had lost to Grant, so it was all academic, but the party notified its Electors that there was a change. But even though substitution will satisfy federal requirements, there are a plethora of state laws that will complicate this.
So here is what happens and how Trump can play it to his advantage.
The DNC picks a new ticket. Ordinarily this would be done with the state party chairs meeting in Washington and auditioning possible candidates. Thanks to COVID, it will probably be handled by Zoom. The Democrats could use this to their advantage by televising the conference for the sake of showing openness. The big headache comes when the Sandernistas demand a spot for Bernie. It could get messy.
The Electors are notified of the new ticket. Lawyers will get involved when state laws create barriers not present in federal law.
The Democrats will absolutely demand that the election be postponed. This creates a problem. Some dates are hard-coded in the Constitution and can’t be changed by Congress, the President or the Supreme Court. Other dates are established by acts of Congress and can be changed if Trump will sign the bill. The irony here is that the Democrats were the ones claiming that Trump wanted to change the date of the election or refuse to leave office. Now the shoe is on the other foot.
Trump should offer a deal to the Democrats.
- All ballots cast by early voting, whether by mail or in person, shall be discarded. The Constitution states that federal elections shall be held in all states on the same day, and an originalist interpretation would forbid early voting. Thus the President would be on firm constitutional ground.
- The date of the election will be moved to a later weekend with the polls open Friday, Saturday and Sunday 24 hours per day.
- Voters will be required to appear in person with proof of identity, residency and citizenship. Those incapable of providing such proof will not vote in this election. There will be no absentee or provisional ballots.
- Neither mechanical nor electronic voting machines will be used due to the possibility of fraud. Instead we will follow the example of the UK and vote on paper.
- The President will federalize all state National Guard units to provide security for precinct voting locations, transportation of ballots to the county seat and tabulation of ballots.
- The President will have the authority to invoke the 2nd Amendment and call out the militia. He will ask all former military to register with their local police chief or county sheriff. These personnel will be attached to National Guard units to aid in providing security. Younger members, fresh off the battlefields of the Sandbox, will be used for tactical duties should resistance from groups such as Antifa materialize.
- For jurisdictions such as Portland where local authority has ceded control to terrorists, the deal should include an exception to the Posse Commutatis Act of 1878 to permit the President to send units of the US Armed Forces to permit an orderly election.
If the Democrats refuse the deal, the election can go forward on November 3, followed by interminable lawsuits.
If the Democrats take the deal, they will immediately resort to lawfare to void certain parts of the deal, but with Amy Barrett on the Court, the President can count on winning these contests.
But how could the election date be changed, if the Constitution says when it is to be held, and neither the President, Conress, nor Supreme Court can change it?
WHat about Trump invoking the Insurrection Act when the Demshevik paramilitaries start violence in many states, which I am sure they will do, no matter what happens regarding the election?
well thought out and well presented!!
With all the fraud in voting becoming apparent, I would like to just jump to your ‘deal to the Democrats’, Joe or no Joe.