Well lookee that: State of Emergency declared, Executive order over-rides traditional "administrative" aspect of election, Voting practice policy changed with the scribble of a pen. Hmmmm.
Trump "trumps" this action using Supremacy clause with a Federal EO that not only requires Voter ID, but invalidates Mail-in voting everywhere across the board, as an electoral Civil Rights enforcement issue -- one has no provenance for Mail-in votes.
The civil rights of those casting legitimate ballots is offended with Mail-in ballots which have no provenance.
But some have said: "Well if Trump is not elected that means Pence is not either and on Jan 21, the third in line -- the Speaker of the House -- becomes a kind of President Pro Tempore. We will be ruled by Pelosi who will manipulate an election thrown now into the House!"
To which I say, not quite.
On what basis is Pelosi the speaker in Jan 2021? Her term as Speaker ends and she has to be re-installed by a new Congress, but that is true only if all House races are decided. If all Mail-in ballots have not been counted, by what authority does she remain as Speaker?
This is Constitutional crises time.
Only executive intervention by way of delaying elections (Directive 51) is possible in advance of the election to try to rectify the situation. This could be Trump playing "chicken" with Pelosi to see who blinks (we know who does, don't we?)
In fact if Mail-in ballots are still outstanding, her election to anything is also in question.
Mail-in ballots will have to be discounted on an Equal Protection XIV Amendment Civil Rights basis. No provenance, therefore, no assurance that any were cast legitimately.
Legal theory: Illegitimate votes dilute legitimate votes -- voting rights distorted = Civil Rights issue. DOJ assures electoral integrity and settles Civil Rights cases. The ball is back in the Executive Branch's court either way.
Even if CA managed to count all its ballots and other States had not, the 2020 election could not be decided because electors can't be certified simply on the basis of how CA voted. Again, it is a XIV issue.
Mail-in balloting is a death match. It is a purposeful action by one party to try to take over the entire system of government by theft. But in this way and on this occasion the fraudulent attempt is there for all to see.
It is my belief it will not end well for those pushing to distort the election process.
Interesting times.
Its about time the GOP thought outside the box. We will never win again if we dont.
FReegards!
Section 3 of the 20th Amendment specifies that( for whatever reason)neither the President or the Vice-President is elected in time(January 20th), then the Speaker of the House becomes acting President until the House selects a President from the top three vote winners, OR the Senate selects a Vice-President who will then replace the Speaker as acting President until the House selects a President.