Posted on 11/14/2020 7:53:11 AM PST by bitt
"It will be the thing, I believe, that will formally elect Donald Trump to be the next president of the United States," said Steve Bannon
Though chances are slim and the final electoral count is still pending, a little-known provision of the U.S. Constitution provides an opening for President Trump to possibly salvage victory through what's known as a "contingent election."
Under the 12th Amendment, in a contingent election one person does not win a majority of Electoral College votes, and the election is thrown to the U.S. House of Representatives. There, each state's delegation has one vote, and a candidate must receive the votes of a majority of state delegations to win. Because of the timing, the new Congress is the one that decides, not the outgoing one.
Though final makeup of the incoming House is still in flux due to ongoing ballot counting, the gap is wide enough to know there definitely will be more Democrats overall, but there will also definitely be more state delegations with a majority of delegates who are Republican. For example, although population-heavy California and New York have large, predominantly Democratic representation in the House, each state would receive just the same, single vote assigned to lower-populated Republican-led states like Wyoming or South Dakota. This would likely ensure a Republican majority vote in the House for Trump over rival Joe Biden.
(Excerpt) Read more at justthenews.com ...
It would end if the Republican state legislators in GA, AZ, PA, MI, and WI would stand up for principle. Probably too much to expect; they won’t stand up in part for fear of looters and shooters coming out again.
It will take a couple of states to not certify and order that the total of electoral votes for either candidate is below 270.
Free Republic needs an OLD NEWS category.
If they do not award the Presidency to Trump, Biden will pack the Supreme Court and change the entire country to something we cannot imagine.
Ping
Election Fraud needs to be halted.
Fly over country is all red. The cities are blue. The media is blue.
It will never be a contingent election.
There are enough electoral votes out there that can and will swing to Trump and put him over 270.
Trump WON by a landslide!
The Fraud War will expose the Deep State!
he real Plan B is and will be the 71 million disenfranchised Trump voters who the Dems are imploring to become “bipartisan.”
If this election conundrum is not solved the Dems will achieve little or nothing. When their socialist edicts and laws go on the books, people will ignore them.
When the Dems send out their jack booted liberal fascist thugs to enforce their socialist dictates, the 71 million will fight them with hammer , tongs and rifles if necessary.
That’s the real Plan B .And that Plan B makes the Dems tremble in their boots.
We must not forget that.
America will not be taken by the left.
First, the entire country (Dems included) will need to admit that, yes, there IS a problem with cheating. At very least, there is a problem with a loose and varied interpretation of voting laws.
This is where we are right now.
Democrats cheated and the MSM refuses to hold their feet to the fire. Biden can walk in to office with dementia and no plan, he will get a free pass. The country will suffer. The future of the country is up in the air.
Actually we can imagine and its most definitely the sum of all our fears
Only if Dems cheat their way into winning the two Georgia run-offs and if Joe Manchin agrees.
I can hear them now.
"These are the times that try men's souls. Together we pledge our lives, our treasure, our sacred honor and ... ah hell. They'll call us Nazis and we'll never get invited to a good party again. Who cares if they erased the votes of our citizens, doesn't effect me. Anyway, I'm sure Biden won't be so bad and Trump is sort of embarrassing anyway. Let's just go for some drinks boys and let it play out."
Other countries are looking at this and wondering.
“So a large number of Americans are willing to knowingly elect a man on the verge of dementia, make him the new leader of their country.
He will obviously be nothing but a ‘Hood Ornament’, a figurehead only, the way England used to be. Now it will be less clear exactly who is running the country. Who will be among the hidden Puppet Masters.
“Only if Dems cheat their way into winning the two Georgia run-offs and if Joe Manchin agrees.”
Plus Tester and a few others.
“a little-known provision of the U.S. Constitution provides an opening for President Trump to possibly salvage victory through what’s known as a contingent election.”
I keep reading about this. It is (mostly) fake news.
It is TRUE that if no candidate has a majority of EV (270 in 2020) that the House of Representatives (the new one) elects the President in a one-state one-vote election, and IF such an election were held this coming January, it is more probable than not that Donald Trump would be re-elected.
But it is FALSE that all that has to happen to bring that about would be for the Legislatures of PA, MI, and WI to appoint Trump Electors.
The votes of those appointed Electors would have to be counted first (and the votes certified by the Secretaries of State of PA, MI, and WI discarded) by a special body put in place by the Electoral Vote Count Act passed after 1876, when three states sent two slates of Electors to Congress and there was no procedure in place to decide which ones to count.
The special body is a Joint Session of the new Congress, under the President of the Senate (Mike Pence, in this case), which meets on January 6, witnesses the opening of the sealed Electoral votes, hears the count of the votes, and either accepts the count and adjourns or disputes the count.
A dispute is opened by one Senator and one Representative, and goes to the chair for a ruling. The ruling of the chair can be appealed to the floor, AND (this is key), the floor sustains or overrules the chair BY MAJORITY VOTE OF INDIVIDUAL MEMBERS AND SENATORS.
If the GOP wins both GA seats AND all contested House races remaining go GOP, and no members of Congress are absent on January 6, there will be 270 Democrats and 265 Republicans on the floor.
The situation clearly implies a party-line vote, which would count the Biden electors and discard the Trump electors.
Therefore, although Trump would (probably) win an election in the House, he has no path to get there.
Even then this is not feasible.
1) The Statutory enabling legislation related to this in the US Code makes NO allowance for not submitting electors. The Senate and Archivist can demand the list; if the SoS (whose responsibility it is to certify) doesn’t send the legislature’s list in, the SoS can be fined $1,000.00.
BUT THERE IS NO PENALTY FOR A STATE NOT SUBMITTING. If the Senate and Archivist do not receive the list, a state court can compel the state legislature to submit.
While there is no provision for a governor submitting a list, you can bet if the MI, PA, or WI legislatures do not submit lists, the governors would. At that point, it would be incumbent upon the legislators to submit their own list. The US Senate has the authority to choose (this is a little murky-—sometimes it looks as though the Joint Session has the right to choose, and that the Senate is the final arbiter). Since THIS HAS NEVER HAPPENED, even in 1876, there is no case law upon which to rule.
At any rate, it seems highly unlikely any state would refused to submit a list; or if a governor submits, might submit competing lists; nor as best I can tell does the Constitution allow for reducing the number below 270 if a state does not submit.
If for whatever reason it goes to the House, yes, the House rules by delegation, not by member. (26-23 with 1 in flux). Trump would be elected under this process.
But I don’t see it getting that far.
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