Posted on 11/12/2020 12:38:46 PM PST by BellaMac
The Constitutional Process and Presidential Litigation
This is about free and fair elections, that each legal vote counts. And it is about following the constitution. The constitution is a contract, in which remedies for the very situation we are in now are available.
There are a few things that must happen before the election can be called.
The votes must be certified. The individual state legislatures must accept or reject the certification. This must be completed by the Safe Harbor Date of December 8th. If any state legislature accepts the certification, the electors are assigned accordingly. If any state legislature rejects the certification on or before the Safe Harbor Date, that legislature will likely choose the electors themselves. The electors must be seated on December 14th.
If the safe harbor date passes and the electors are not seated because there is ongoing litigation and/or a state legislature rejects or several state legislatures reject the certification and the state legislatures for any number of reasons do not select electors themselves and in turn do not seat electors on December 14th, because in a scenario in which neither candidate has a majority of the electoral votes for all 50 states (270), the election will go to the house and senate. This is called a contingent election. The house will choose the President and the Senate the Vice President. Each state gets one vote. The majority republican states will likely choose Trump and the majority dem states will likely choose Biden. Presently, the house has 26 republican states. In January it will be 28. The Senate has 53 at the moment, the number in January is yet to be determined.
This is the constitutional process as I understand it. There are remedies that are being sought in litigation in up to ten states.
If litigation proves that a large swath of votes, large enough to change the election result, are found to be illegal based on state laws, i.e. specifically election laws passed by the state legislature as put forth in the constitution, those votes will be found to be illegal and thrown out. Thus, making the election result not certifiable, because the individual illegal votes cannot be removed from the overall vote count for obvious reasons. (fungible)
There are two scenarios. 1) If the election results are found to be uncertifiable before the safe harbor date December 8th and December 14th , the day the electors are due to be seated, the election will be decided through the affected legislatures choosing the electors themselves (or possibly punting to the house and senate). 2) If, however, the election results are found to be uncertifiable after the safe harbor date and/or December 14th, the election will go to the house and senate. (I am unsure about the deadlines as to which one triggers the contingent election).
The theory is that if Scenario 1 happens the majority party will select electors of their party. In Scenario 2, each state will have 1 vote – states with a majority of republicans in the house will likely vote republican and vice versa for the democrats. Presently, there are a few states that are evenly split.
The media and Big Tech censors would have us believe that the litigation is based on thin air. It is not. This will end up before the Supreme Court. The election will be finally decided based on the constitution.
Also the senate hangs in the balance in Georgia and Georgia has a strange loophole in its laws that allows people to go on vacation in Georgia, register to vote, vote by absentee ballot (sent to their hotel). Hollywood types and Dems are encouraging people to do this. It is against federal law to do so – a felony – but we are living in strange times….
I am trying to figure this all out myself. This is the gist of what is going on. This whole process will go on for some time, the two dates that we need to keep an eye out for are December 8th and December 14th. If on Inauguration Day, January 20, 2021 at 12 noon, a president has not finally been elected, the Speaker of the House will be the president until such time as Trump or Biden is elected as the next president through the process described above.
"The votes must be certified. The individual state legislatures must accept or reject the certification."
No, that's incorrect. There is nothing the state legislatures need to do. They don't do the certifying.
You are correct the legislature does not do the certifying - they do however accept or reject it.
The constitutional process is only as good as the people executing it. They have intentional failed and it will only get worse from here.
That would be a distinction without a difference. No. I said there is nothing they need to do. They are not involved in the certification process in any way.
That bears repeating. At this point the Marxist left and the mainstream press know exactly what occurred because they are complicit. But of course they are going to attempt the standard deep fake operation.
Even if documented, provable, videotaped evidence is available, it will be ignored and suppressed. Keeping the faith, however with the press working the masses, we have an uphill battle.
The Missouri legislature in not in session until January. How are they going to accept it or reject it?
This is incorrect. It would be a majority of the APPOINTED electors as per a careful reading of the 12th Amendment.
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President-The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Maybe if a third party was running and getting electors but this will be a straight up vote between two candidates based on the majority number of appointed electors.
They don't.
You know that, and I know that, but others seem to be laboring under the misconception that state legislatures certify the vote. I don't know a single state that does that.
I don’t believe that is how the Pennsylvania Statute reads. It reads, as I read it, that the County Boards certify, then the Secretary of State certifies, and then the Governor certifies and the electors are appointed with certificates.
The legislature only has a role if the US Code applies, which is if enough counties cannot be certified due to judicial intervention and, as a result, there is no outcome to the state run election.
Then the legislature can vote. Just like Florida was getting ready to do in 2000.
correct.
I saw Steve Turley, and I think Rudy Guiliani, say that. I guess people assume they know what they are talking about. But it makes me question everything else they say.
Yeah, my stepson just told me Rudy said if PA doesn’t vote, it doesn’t lower the threshold from 270 to 260. That just isn’t true.
The number of APPOINTED electors is established at USC 3 § 3.
Then it should be a simple matter for you to prove it isn't true. Why don't you do so?
So are the number of electors set as per what you state even if the state legislature(s) fail to choose their electors for whatever reason?
Yes, the number of electors is set.
Twenty-Third Amendment
Elections 2020: The Electoral College
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