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To: Svartalfiar

I disagree. The total number of Electors in the EC is 538.

I see ‘appointed’ and ‘certified’ as having different meanings.

Appointed Electors to the Electoral College without certification may not have their votes counted by the Senate President.

For example, if AZ, GA, WI ‘rescind’ their Electors without certifying Trump appointed Electors, the counts break out to:

Biden 269
Trump 232
No count 37

To show this is wrong, find an election case where a president was elected without a majority of the membership in the EC. Today the membership total in the EC is 538. For any previous election, one must understand the EC membership total at the time.


108 posted on 12/31/2020 8:40:06 AM PST by Hostage (Article V)
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To: Hostage
I disagree. The total number of Electors in the EC is 538.

I see ‘appointed’ and ‘certified’ as having different meanings.

Appointed Electors to the Electoral College without certification may not have their votes counted by the Senate President.


The max number of electors in the EC is 538. But if some of those seats aren't filled, then the total number goes down. Appointed and Certified do have different meanings, but it also depends on where you're coming from. Do Electors count as "appointed" if the State does them, but their votes don't reach Congress? From Congress's viewpoint, that State never appointed any!

But to the third part there - the issue is that, I'm pretty sure, all these Govs have already certified their States' results - meaning they're about locked in. From 3 U.S. Code § 15: "and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified." Boiled down, it means that as long as the State properly fixed any issues and the Gov issued the certification, Congress isn't allowed to reject those votes. UNLESS, both Houses can agree that the Govs failed to properly certify, but we all know that the House will NEVER vote against a Dem. It doesn't matter to Pelosi and her party if they're wrong or illegal, Dems ALWAYS stick together. The remedy for these issues CANNOT be fixed in Congress as long as the Dems have a majority in the House.


To show this is wrong, find an election case where a president was elected without a majority of the membership in the EC. Today the membership total in the EC is 538. For any previous election, one must understand the EC membership total at the time.

1824. Adams won with 84 out of 261 votes. He was even the #2 guy, with Jackson receiving 99 votes. But, upon going to the House, Adams prevailed.
Not quite the same, but 1960 - HI sent two slates of electoral votes to Congress, BOTH certified by the Governor. Nixon, however, picked to count the Dem slate, although it didn't really matter since he lost with or without HI anyway.

There are several other examples of States not sending all of their electors, or electors failing to vote, but none of those situations involve an election that could have been changed by electoral votes not being counted, so the majority number didn't really matter.

Also, we get into very convoluted legalesing when you look at this - Electors were appointed, but might will have been either rescinded or flipped. As above, the only way to remove a rescinded vote once it's received by Congress, is by the House voting on whether or not the Gov legally certified it. Even IF (really big if here) the Gov DID de-certify, if the votes still make it to Congress, it then requires the House to vote to reject those votes. And if they're for Biden, you know they won't reject them. No matter what. But it's unlikely the Govs will decertify, given the pile of evidence and inability of the Repub legislatures to actually grow a spine.
144 posted on 01/02/2021 9:24:38 AM PST by Svartalfiar
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