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To: Brian Griffin

The Presidential election has nothing to do with any election for Senate, aside from being held on the same day.

The State Legislature is specifically noted in the Constitution as determining how the electors in their states will be allocated.

It will end up in the Supreme Court. And the sooner the better.

I would hate to be the small county State Rep in Penn who gets to have a say in how the electors would be selected in a post SCOTUS ruling. Not much pressure on those guys and women.


4 posted on 12/02/2020 11:32:50 AM PST by Vermont Lt (We have entered "Insanity Week." Act accordingly.)
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To: Vermont Lt

You wrote:
“The State Legislature is specifically noted in the Constitution as determining how the electors in their states will be allocated.”

The Founding Fathers wrote:
“Each State shall appoint, in such Manner as the Legislature thereof may direct...”

Each state legislature can probably tell the Senate to bug off with respect to its state, but until then, the Senate is the judge with respect to that state and the Senate member hoping to become President or Vice President.

In 2000, United States Supreme Court showed the federal government can play a judicial role in vice presidential elections.


6 posted on 12/02/2020 11:47:45 AM PST by Brian Griffin
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To: Vermont Lt

“The Presidential election has nothing to do with any election for Senate, aside from being held on the same day.”

The language of Article I Section 5 refers to the person and not to the potential office:
“Each house shall be the judge of the elections, returns and qualifications of its own members....”

Normally, that language makes no difference and has the effect you desire, but when a sitting senator is trying to become Vice President or President, the language of Article I Section 5 has an effect you apparently don’t desire.


7 posted on 12/02/2020 11:54:04 AM PST by Brian Griffin
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