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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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To: Lurkinanloomin; All
And there in lies the problem with trying to get the state legislators to name the electors.

In Wayne, County, Michigan (Detroit), the Republican RINO legislators buckled under threats from the liberal Left to go ahead and call the county for Biden, even though there is a ton of fraud already revealed in the state election process.

Trump's team can't rely of the Republicans not to stab him and the party in the back.

He's going have to win this thing in the courts, i.e. the Supreme Court.

21 posted on 11/18/2020 1:00:02 PM PST by HotHunt
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To: DIRTYSECRET
If they decline that’s a good way to pass the buck wouldn’t you say?

The local board of canvassers finds fraud and they don't certify.

The USSC finds massive fraud but takes no further action.

The state legislators see the uncertified votes, and the SC decision, and they don't assign electors.

Neither candidate gets 270 electors.

That leaves it to the House to vote, one vote for each state delegation and Trump wins.

With all of those people involved, who would the left blame??

As you say, there's a good way to pass the buck.

22 posted on 11/18/2020 1:00:11 PM PST by FreeReign
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To: PJ-Comix
This certainly is not a settled issue because it has never happened before. You could argue either way based on the constitutional language.

On one hand, Art. II, s. 1 provides that "Each state shall appoint" electors, and courts uniformly construe "shall" to be mandatory. However, no mechanism is provided to compel a state to appoint electors.

On the other hand, both Art. II, s. 1 and the 12th Amendment define the threshold for election by the electoral college to be the "majority of the whole number of Electors appointed," not the majority of electoral votes apportioned. That would seem to anticipate the possibility that less than the full number of possible electors may be appointed. It also means that, if a state does not appoint electors, then fewer than 270 electoral votes would then be required to win in the electoral college.

Chapter 1 of Title 3 of the U.S. Code contains the statutes governing presidential elections, but Congress explicitly leaves these issues to state law, as they must because the Constitution grants Congress no role in the appointment of electors other than to receive and count their votes.

The closest historical case I can think of is 1876, when there were disputed appointments of electors from Florida, Louisiana, and South Carolina. Of course, that was resolved extra-constitutionally by Congress in the Compromise of 1877.

If I had to bet, I would bet that the Supreme Court would hold that a state cannot be compelled to appoint electors. If one or more states fail to appoint electors, the electoral college meets and votes anyway and a majority is determined by the number of electors appointed.

23 posted on 11/18/2020 1:02:21 PM PST by The Pack Knight
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To: PJ-Comix
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?

It wouldn't be tied up in court that long. On election day, by Georgia law, the electors were chosen by the voters. At that point the slate of electors is set; confirmed by the counties, the Secretary of State, and the governor, all as the law mandated. Suddenly, based on their own suspicions and in violation of the law, the legislature says they are going to appoint their own slate of electors. How long do you think it will take for the courts to throw that slate out?

24 posted on 11/18/2020 1:03:26 PM PST by DoodleDawg
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To: PJ-Comix
If the state legislatures choose their electors by Dec. 14th, it's done. Courts can't tie it up. Article II of the Constitution says it's determined by state legislatures, not courts.


If state court tried to interfere, SCOTUS would put the lower court in its place in butt-ugly fashion like all LSU fans were expecting to happen to them last Saturday until God heard their prayers and had the Bama game cancelled. SCOTUS, which is really big on not intervening in things like elections, would be really big on telling lower courts to not intervene either. That's basically what they did in 2000 -- told the lower court to quit stalling for Gore.

25 posted on 11/18/2020 1:03:27 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

Has anything been posted on this story? This is from Fox News, so I didn’t post it.

BREAKING: Michigan Republican Electors Harassed And Forced To Change Vote
190,314 views•Nov 18, 2020
https://www.youtube.com/watch?v=YW1YzQY_1Ro


26 posted on 11/18/2020 1:04:41 PM PST by familyop
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To: All

This question has been covered. There is no shortcut.

Having legislatures refuse to appoint Electors will LOSE THE PRESIDENCY. This does not work. The reason is the Constitution says the vote among state delegations in the House takes place “immediately” but that word is not defined. Pelosi can simply no schedule the vote. Pres and VP term expires Jan 20 and she becomes president.

That vote can be held up forever by Dems in the House, immediately or not, and the USSC will never interfere with the process of Congress.

So forget that. The only winning maneuver is Legislatures — and then are Republican — have to conclude there is so much uncertainty and Trump/Biden only differs by a small number of votes in their state .. . they will use their own best judgement in appointing Electors, and that will be for Trump.

The Electors vote in their state (the “College” is the collection of all of them in their own state, there is no trip to Washington for themm) and an official document from the Legislature is sent to the President of the Senate (Pence). During a joint session he reads the votes and a sum is computed.

Votes can be objected to by any member of Congress as long as their is a second (this happened in 2000). Debate takes place and the presiding officer rules on the objection.

Done.


27 posted on 11/18/2020 1:07:41 PM PST by Owen
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To: Senator Goldwater
Since Republicans control more state houses than Democrats, Trump will win the House electoral run-off and remain president ...

You're certain none of the Republican state delegations will flip to Biden or abstain?

I sure hope you're right.

28 posted on 11/18/2020 1:07:45 PM PST by gw-ington
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To: PJ-Comix

The problem is that the buck wouldn’t be passed to Congress, because the result of a state refusing to appoint electors would be to reduce the threshold needed for a majority.

If Pennsylvania, Michigan, Wisconsin, Georgia, and Arizona ALL refused to appoint electors, Biden would still win 233-232.

If a legislature wanted to pass the buck to Congress, they would need to appoint electors and pass a law requiring them to vote for a third candidate. The Supreme Court recently held faithless elector laws to be enforceable. Then, they might deny Biden a majority with only a couple states.


29 posted on 11/18/2020 1:08:33 PM PST by The Pack Knight
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To: PJ-Comix
States can use any procedure that they enact into law to choose their electors. They are not required to use the popular vote, however legitimate (or fraudulent) it may be.

The Constitution does not specify any definite procedure.

If the State legislature insists that only Democrats will be appointed, and enacts such a policy into law, then that is the end of it.

That appears to be the effective result in Pennsylvania, Wisconsin, Michigan, Arizona, and Georgia. The "Pretense-of-Law" allows unlimited election fraud by the Democrats to insure their candidate wins.

I can see a few problems with the legitimacy of such a Government. These cannot be addressed by clever legal arguments or more "elections".

30 posted on 11/18/2020 1:09:55 PM PST by flamberge (The wheels keep turning)
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To: PJ-Comix

>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.

Except Georgia, all the swing states have Democrat legally designated authorities, generally the Secretaries of State, who are hell-for-leather to certify Democrat electors under all circumstances.

All of the swing states have Republican legislatures, which as the ultimate constitutional authorities could reclaim that authority by a positive act which they are not going to do unless compelled by an almost impossibly high level of evidence, which was my point.


31 posted on 11/18/2020 1:10:35 PM PST by UnbelievingScumOnTheOtherSide (Reverse Wickard v Filburn (1942) - and - ISLAM DELENDA EST)
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To: UnbelievingScumOnTheOtherSide
All of the swing states have Republican legislatures, which as the ultimate constitutional authorities could reclaim that authority by a positive act which they are not going to do unless compelled by an almost impossibly high level of evidence, which was my point.

Which Sidney Powell and Lin Wood now appear to be trying to do. Make the evidence so overwhelming that it would be embarrassing to choose Biden electors.

32 posted on 11/18/2020 1:14:56 PM PST by PJ-Comix (Media Announces That Dewey Defeats Truman)
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To: DIRTYSECRET

Yes and the must be faithful as per the SCOTUS


33 posted on 11/18/2020 1:18:06 PM PST by keving (We the government )
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To: PJ-Comix

No.

Republican legislators are from Republican districts. The level of evidence required is far, far below what a court would need.

All they need is doubt. Not even certainty. You have this rather a lot wrong. They have nothing at all to lose by making this choice.


34 posted on 11/18/2020 1:19:08 PM PST by Owen
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To: Owen
You are partially right, but for the wrong reason. Under the 12th Amendment, the President is elected by a majority of the electors "appointed." If states simply refuse to appoint electors, the election would still not go to the House because whoever has a majority of the remaining electoral votes would still be elected. As I mentioned elsewhere on this thread, if PA, MI, WI, GA, and AZ all refused to appoint electors, Biden would still be elected by a majority of the 465 electors appointed, 233-232.

Now, if some of those legislatures appointed electors to vote for third-party candidates instead, thereby denying any Presidential or Vice-Presidential candidate a majority, the result would still not be President Pelosi. If Pelosi fails to schedule the vote, the Senate can still meet and vote for Vice President. Regardless of the outcome of the GA special election and when its winners take office, Senate will still have a Republican majority on January 6 with Pence's vote, so a result would presumably be (acting) President Pence, not Pelosi. I say "(acting)," because he would cease acting as President once a President is elected.

35 posted on 11/18/2020 1:21:41 PM PST by The Pack Knight
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To: Owen

“Pelosi can simply no schedule the vote. Pres and VP term expires Jan 20 and she becomes president.
That vote can be held up forever by Dems in the House,”

Well, Pelosi’s Democrats will deny a quorum IMO.

Interestingly though, the Senate will have meanwhile determined a new VP, who would assume the Presidential office.
I doubt that the Sargeant at Arms of the Senate will allow Members to avoid a quorum- as would happen in the House.


36 posted on 11/18/2020 1:28:38 PM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: PJ-Comix

Typically, a dispute of a state’s Electors result in the submission of two slates to Congress.
Don’t think there’s ever been a case of no Electors. There have been some replies about why that wouldn’t be to the point.


37 posted on 11/18/2020 1:34:25 PM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: PJ-Comix

If they don’t set a slate of electors, they disenfranchise the voters in the state. Bad move politically. But no, the Constitution does not require states submit a slate of electors.


38 posted on 11/18/2020 1:35:32 PM PST by taxcontrol
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To: Owen
Republican legislators are from Republican districts. The level of evidence required is far, far below what a court would need.

All they need is doubt. Not even certainty. You have this rather a lot wrong. They have nothing at all to lose by making this choice.

Not every Republican state legislator is from a safe Republican district. Plenty of them have to win over swing voters. I also think you are underestimating the number of Republican voters who would have a problem with their state representatives voting to disregard the outcome of a Presidential election in their state absent compelling evidence.

Legally, they don't need any evidence at all to exercise their power to appoint electors. Politically, they'll probably need conclusive evidence.

39 posted on 11/18/2020 1:36:28 PM PST by The Pack Knight
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To: PJ-Comix

No = 1864 southern states not participating. Lincoln won a majority present and voting.


40 posted on 11/18/2020 1:39:22 PM PST by scrabblehack
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