Posted on 12/02/2020 11:31:02 AM PST by doug from upland
FROM THE 12TH AMENDMENT:
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; .....
What if there is a scenario that the Supreme Court rules a slate of electors was appointed fraudulently and that such appointment was never valid. It may not be clear. Does the magic number of 270 decrease?
Nevada ‘fraud’: 1,500 ‘dead’ voters, 42,248 voted ‘multiple times,’ RV camps as ‘homes’
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“What if there is a scenario that the Supreme Court rules a slate of electors was appointed fraudulently and that such appointment was never valid. It may not be clear. Does the magic number of 270 decrease?”
No. It’s a hard 270.
So if any three of the five can’t vote because of a compromised election Biden can’t get 270. So then it goes to the House, one vote per state.
Trump should win under such a vote.
It has not been tested. Under the possible scenario I created, what if SCOTUS rules that the electors are not valid because of fraud and were never valid. The 12th Amendment says that the winner is the majority of the electors appointed. Would SCOTUS say that because the appointment was fraudulent, they were never legally appointed. That is certainly the position Biden’s attorneys would take if it comes to that.
I understand what you are saying.
The Amendment doesn’t define appointed.
In your scenario if all five states got thrown out Biden wins 233 to 232.
Trump attorneys would certainly say that, even though illegally appointed, they were appointed. So they would claim that the 270 number still counts and that, neither candidate having the 270, the vote goes to the state delegations.
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