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Do States Have to Choose Electors?
Self | November 18, 2020 | PJ-Comix

Posted on 11/18/2020 12:37:17 PM PST by PJ-Comix

Perhaps the wrong question is being asked about whether state legislatures can choose Trump electors because of evidence widespread of fraud in their elections where Biden supposedly "won." The better question might be can state legislatures just DECLINE to send electors to the electoral college due to evidence of widespread fraud which has not been resolved by the time they need to be sent?

Let us take Georgia as an example. In the light of fraud and the REFUSAL by the Secretary of State to allow a full audit of the ballots, can the state legislature state that since the issue has NOT been resolved as to fraud, they cannot determine the true winner and therefore DECLINE to send any electors to the electoral college?

This would also apply to the states of NV, AZ, PA, MI, and WI.


TOPICS: Miscellaneous
KEYWORDS: electoralcollege; electors; getajob; statelegislatures
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Okay, you constitutional scholars out there. Have at it. Are states obligated to send electors to the electoral college or can they decline due to the fact that because of widespread evidence of election fraud, the real winner can't be determined by the date needed to choose those electors?
1 posted on 11/18/2020 12:37:17 PM PST by PJ-Comix
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To: PJ-Comix

The motive: send it to the house. right?


2 posted on 11/18/2020 12:39:19 PM PST by DIRTYSECRET (')
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To: PJ-Comix

They could, but they won’t.

There are not enough courageous Republicans.


3 posted on 11/18/2020 12:39:30 PM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: Lurkinanloomin

If they decline that’s a good way to pass the buck wouldn’t you say?


4 posted on 11/18/2020 12:40:40 PM PST by DIRTYSECRET (')
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To: PJ-Comix

Yes presumably this is the point of the entire effort. Prove to these Republican legislators that the cannot certify fraudulent results and submit to the electoral college, consigning the matter to the House for a single vote per state contest. Since Republicans control more state houses than Democrats, Trump will win the House electoral run-off and remain president, while Joe Biden will join Al Gore in the purgatory of “president-elect” infamy.


5 posted on 11/18/2020 12:43:35 PM PST by Senator Goldwater
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To: PJ-Comix

What if the Georgia recount shows that Trump won the state?

Should the state still decline to submit electors?


6 posted on 11/18/2020 12:43:46 PM PST by Meatspace
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To: DIRTYSECRET
If they decline that’s a good way to pass the buck wouldn’t you say?

If the buck gets passed to Congress, isn't that a GOOD thing? But my question is can the state legislatures just state declare due to evidence of widespread election fraud that has NOT been resolved by the time they need to choose electors, can they choose NOT to send a slate of electors to the electoral college?

That is actually a much easier choice than choosing Trump electors if the elections are still in dispute.

7 posted on 11/18/2020 12:45:46 PM PST by PJ-Comix (Media Announces That Dewey Defeats Truman)
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To: PJ-Comix

I just had a flashback to the Hollywood campaign in 2016 to try to convince electors to refuse to vote for Trump because...Trump.


8 posted on 11/18/2020 12:45:49 PM PST by Sans-Culotte (11/3-11/4/2020 - The USA became a banana republic.)
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To: PJ-Comix

9 posted on 11/18/2020 12:46:39 PM PST by nwrep
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To: PJ-Comix

Without ironclad red-handed evidence, not even 99% of Republicans are going to lift a finger against Democrats. 99% of Republicans do not want to find Democrats red-handed and will not look for such evidence and will suppress it if one of them finds it by accident, especially when Dems threaten their kids and homes.

We are the 1% and it is lonely at the top.


10 posted on 11/18/2020 12:48:02 PM PST by UnbelievingScumOnTheOtherSide (Reverse Wickard v Filburn (1942) - and - ISLAM DELENDA EST)
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To: Meatspace
What if the Georgia recount shows that Trump won the state?

Georgia recount is merely recounting the fraudulent ballots since the Secretary of State isn't allowing a full AUDIT such as checking signatures. So, no, such a recount will not show that Trump has won. However, since the Secretary of State did not allow a full audit, could the state legislature (and in the other states) declare that the winner cannot be determined and decline to choose a slate of electors?

11 posted on 11/18/2020 12:49:13 PM PST by PJ-Comix (Media Announces That Dewey Defeats Truman)
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To: PJ-Comix
In 2000, I believe the wording from SCOTUS in Bush vs Gore when they in layman's terms told Gore he lost and to get over it, they said in legaleaze that:


1) Florida's AG (or SOS, as it is in some states) had certified the results as Bush winning.


2) Florida's legislature didn't step in and stop it. Since the legislature didn't invoke their Article II privilege to choose their EC electors, the assumption was they agreed with the AG's vote tally -- Bush got the EC votes from Florida.


If my memory of that SCOTUS ruling is correct, applying that to today would mean silence from a state's legislature is seen as agreement with a state's AG for how the votes are tallied.

12 posted on 11/18/2020 12:49:48 PM PST by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: PJ-Comix
Let us take Georgia as an example. In the light of fraud and the REFUSAL by the Secretary of State to allow a full audit of the ballots, can the state legislature state that since the issue has NOT been resolved as to fraud, they cannot determine the true winner and therefore DECLINE to send any electors to the electoral college?

The electors have been chosen. The candidates party selected them and once the results are certified the voters of Georgia will have selected them. Under current law the legislature has no say in the matter because they assigned that role to the voters themselves. The legislature does not certify the vote, the Secretary of State does that. If they tried to change the process now the courts would never uphold it.

13 posted on 11/18/2020 12:51:56 PM PST by DoodleDawg
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To: PJ-Comix

Election certification can be refused. It’s happened in Clark Co, (Vegas) for one local race.

It happened in Wayne County (Detroit) last night but two “republicans” later reversed course and certified the count.

If not certified, generally, states tell electoral colleges “vote your conscience” or, “stay home, we abdicate.”

Regardless of that, legal suits get heard and decided, locally, then possibly at state level on appeal, possibly USSC.

There is an entirely seperate legal issue playing out, as well. One human, by immutable laws of physics, cannot occupy both The White House and a prison cell simultaneously.

Thete is a fourth, again completely seperate process, playing out. Public...acceptance.

I saw cities burn, all summer. I also saw the biggest crowd I’ve ever seen in pics from DC, Saturday.

Two trains... one track. We’ll see. Keep your powder dry.


14 posted on 11/18/2020 12:51:57 PM PST by jeffers
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To: UnbelievingScumOnTheOtherSide
Without ironclad red-handed evidence, not even 99% of Republicans are going to lift a finger against Democrats. 99% of Republicans do not want to find Democrats red-handed and will not look for such evidence and will suppress it if one of them finds it by accident, especially when Dems threaten their kids and homes.

I don't think you get what what I am getting at. I am not suggesting that the Republicans "lift a finger" and choose Trump electors. I am suggesting that since full audits have not been allowed (so far) that the Republican legislators NOT lift a finger to choose any elector.

15 posted on 11/18/2020 12:52:18 PM PST by PJ-Comix (Media Announces That Dewey Defeats Truman)
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To: PJ-Comix

Please correct me if I wrong, but I read this to mean it is the governor of Georgia, and not the legislature, that certifies the slate of presidential electors:

https://law.justia.com/codes/georgia/2019/title-21/chapter-2/article-12/section-21-2-499/


16 posted on 11/18/2020 12:52:28 PM PST by buckalfa
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To: PJ-Comix

Not to mention that the ballot has long since been cast anonymously, so an obviously fraudulent signature on the ballot envelope is a moot point, a lost cause.


17 posted on 11/18/2020 12:52:35 PM PST by gloryblaze
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BKMK for a very interesting discussion.


18 posted on 11/18/2020 12:52:57 PM PST by SuzyQue
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To: Tell It Right

And if the state legislatures choose a separate slate of electors, if they are tied up in the courts by Dec. 14 wouldn’t that mean no electors have been chosen since it wasn’t done on time?


19 posted on 11/18/2020 12:56:09 PM PST by PJ-Comix (Media Announces That Dewey Defeats Truman)
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To: PJ-Comix

A Rush Limbaugh caller pegged it yesterday. If the great steal is going to be successful, Red states should flat out refuse to name electors and ridicule Biden with 100% of the Electoral Vote, just like Venezuela and Cuba


20 posted on 11/18/2020 12:57:25 PM PST by cyclotic (The most dangerous people are the ones that feel the most helpless)
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