Pennsylvania GOP Introduces Resolution to Dispute Election

Newsmax ^ | 30 Nov, 2020 | Brian Trusdell

[MtnClimber]

Home | Politics Tags: 2020 Elections | Supreme Court | pennsylvania | general assembly | appoint | electors | contested Pennsylvania GOP Introduces Resolution to Dispute Election a graphic illustration showing a ballot box with pennsylvania 2020 and mail-in ballots flying into the ballot box (Dreamstime) By Brian Trusdell | Monday, 30 November 2020 10:38 PM

Short URL|Email Article|Comment|Contact|Print| A A Republicans in the Pennsylvania General Assembly formally introduced a joint resolution Monday declaring the general elections results in dispute and reserving the power to designate presidential electors for the Electoral College.

The introduction was the latest step in a process begun last week by state Sen. Doug Mastriano to reclaim the authority granted in the U.S. Constitution to appoint the electors to the Electoral College.

The six-page resolution outlined the reasons for contesting the results, specifically accusing the officials in the executive branch of changing election law by allowing for absentee ballots that arrived after 8 p.m. on Election Day to be counted and the "partisan majority" on the Pennsylvania Supreme Court of allowing it.

It also said mail-in ballots were allowed to be corrected in heavily Democrat counties and were permitted to be counted without signature verification.

"A number of compromises of Pennsylvania's election laws took place during the 2020 General Election," the General Assembly said in a statement quoted by The Epoch Times.

[antonico]

Asking for help to understand: how or why is this relevant now? The PA legislature is adjourned until January. I had read that in 1937, the legislature basically surrendered it’s constitutional authority of appointing electors to the governor. So how does this resolution change anything?

[SecAmndmt]

“wait until they try saying screw the election”

It was the Dems who said “screw the election”

What do you propose to do, to remedy millions of fraudulent ballots and vote-changing software??

[OKSooner]

This is the PA legislature driving by everyone’s house and flipping us off, on their way out of town to go spend Christmas drunk at their lake house.

[DiogenesLamp]

Sorry, this is a little bite of red meat to appease the screaming republican voters. It will do nothing.

I fear you shall be proven right.

[Dr. Franklin]

This isn’t a legislative session. This is the electoral power found in the U.S. Constitution. A simple majority in each house is all that is required. See my thread here on Legislative vs. Electoral Sessions of a state legislature:
https://freerepublic.com/focus/f-chat/3910992/posts

[Regulator]

Their side just commits a massive crime and then goes into obfuscate and stall mode.

Our side has to lumber along with byzantine legislative rules and obstructionist judges.

Screw this crap. Go into the streets. They riot, we do too.

Make them afraid to walk downtown like they did to us.

[Vaduz]

It also said mail-in ballots were allowed to be corrected in heavily *****Democrat****** counties.

There is zero logic for any sane person to be a democrat with all the proof they are A Crime Inc. party.

[Boise3981]

By law, the PA state legislature adjourned yesterday at 11:59pm. They won't be back until January - long after the Electoral College has voted.

Unless they're called back for a special session by the (Democratic) governor, the PA legislature can't pass anything.

[Eagles6]

No, this is Constitutional.

Industrial scale vote fraud is not.

I don't care if it upsets the left.

They want me and the Republic dead.

[Boise3981]

The “out of session” concept made no sense since the legislature would have to convene in some form to decide what to do with the electors.

Most state legislatures do not meet year round.

By law, PA's session was over yesterday at 11:59pm. They will not meet again until January (well after the electoral college votes) unless called into a special session by the (Democratic) governor.

The PA legislature had until yesterday evening to do something about electors. They didn't and so (unless the Dem governor wants them to do something and calls them back) the existing certification and slate of electors will be the only slate of electors and they'll vote on 12/14.

[Boise3981]

This isn’t a legislative session. This is the electoral power found in the U.S. Constitution. A simple majority in each house is all that is required.

A distinction without a difference.

To hold a legal vote and get that simple majority, the legislature needs to be in session. If they're not in session, no vote they take is legal. You can't move a resolution out of committee, there won't be anyone there to vote, no vote held would be legal, etc... No current session means no legislative action until they come back in January (which is too late for the electoral college).

Unless the (Democrat) governor calls them back for a special session there can be no vote, much less one that garners a majority.

[Sir_Humphrey]

What do you propose to do, to remedy millions of fraudulent ballots and vote-changing software??

First thing you need to do is prove in a court of law that they were fraudulent. While I suspect a lot of them might be fraudulent, neither Powell or Giuliani have presented any such evidence to a judge....so far. (And time is running out on them) They never specified which ballots were fraudulent and the courts will not have millions of them disqualified. The courts will not disenfranchise the people who voted legally and by the rules. The same applies to the software. In fact, I think you are seeing Trump starting to back away from that.

They don't need to convince you or me...they need to convince a judge and so far they haven't convinced a single one from either party.

Before you start calling me a NeverTrumper or a secret Dem, know that I voted for Trump both times he ran. As I have stated in other posts, I can live with a President Biden. I won't like it bit I can live with it. What I can't live with is the current electoral process which lends itself to unprovable fraud. Until the system is fixed, the country is in a very dangerous position when half the country loses its faith in the sanctity of its elections. It opens the grounds to undemocratic forces. The GOP and Trump should have been screaming about this over the summer because everyone saw this coming. But they did not and now they have little to stand on in challenging a process they agreed to in the first place

[Sir_Humphrey]

No, this is Constitutional. What's constitutional is that you need to prove it in court of law.

[Dr. Franklin]

A distinction without a difference.

SCOTUS never thought that. Only that opinion matters.

[romanesq]

” simple majority in each house is all that is required.”

Yes in the Constitution but they gave it away in PA. They need to take that authority back and haven’t.

They aren’t interested in doing so. Nothing in it for them.

[Dr. Franklin]

Yes in the Constitution but they gave it away in PA. They need to take that authority back and haven’t. They aren’t interested in doing so. Nothing in it for them.

The other option is for the legislature to simply issue a joint resolution that the election was not conducted properly. That could be combined with other evidence of foreign interference in the election to invoke the Insurrection Act. Trump then assumes command of the state National Guard units, and prohibits them from interfering with protests preventing the Electoral College from meeting in certain state capitals on December 14th. This still has more to play out.

[WASCWatch]

They aren’t passing legislation and the Governor has no role in what the Republicans do as it relates to the selection of Electors.

[Boise3981]

SCOTUS never thought that. Only that opinion matters.

SCOTUS has never weighed in on such a matter because no state legislature has tried to "pass" something while not in session.

The law in PA says the legislature is not in right now and won't be back, legally, until January or a special session called by their governor.

Because they aren't in session, they won't have committees, can't have quorum, can't have a floor vote, etc... There's no mechanism for them to meet and pass a resolution (much less a law). And, again, there would be no federal issue for SCOTUS to weigh in on. The dates of the legislative session and the rules governing those sessions are state responsibilities. If PA's laws say the legislature is out, they're out. State's rights/Federalism.

[Boise3981]

They aren’t passing legislation and the Governor has no role in what the Republicans do as it relates to the selection of Electors

Well... I'd disagree. You see the legislature previously assigned the selection of electors via a law they passed (back in 1937 I believe). So to change that, they'd have to pass a new law to counteract the old one. And that would require a governor's signature (or veto override). And SCOTUS has repeatedly ruled that "state legislature" in the Constitution refers to the legislative process originally created by the state legislature back at the beginning of the country/state.

But even IF I'm wrong about needing a law (although I'm probably not), the legislature still isn't in session. By their own rules, they can't hold committees, can't have quorum, can't have a floor vote, can't pass anything - even a resolution. By the legislature's own rules they can't/won't meet again until January (or unless the Dem governor calls a special session - which they won't).

This isn't about the power of the legislature to appoint electors. This is about the legislature not being in session until after the electoral college votes. They had until yesterday at 11:59pm to do something. They didn't.

[MIA_eccl1212]

Album session for passing laws and running them through the legislative process yes. But not out of session for fulfilling their constitutionally declared article II responsibility for which they can call themselves into session at any time around elections for president.

The question is: do they have enough votes to pass the resolution because if they pass it it’s binding and the electors for Biden will not be seated by Pennsylvania state. Or any other States that take this course so to speak.

my guess is out of the 6 TOSS UPS will go our way 4 out of 6. 1 or 2 may be redirected to do so by the Supreme Court through various means that I don’t really care to discuss or figure out right now.

Gotta go-to-meeting.