Dear Heavenly Father, we ask that You watch over all Americans today as they go out to vote. Protect them from harm and from evil. Give them the wisdom to vote for people who honor, cherish and celebrate this great land and You. We know that You have orchestrated the events these past four years not only for our future but for all the people on this earth. You are doing this through Your humble servant, Donald J. Trump. Protect him Dear God and direct him to do good as he strives to unite all of us going forward from this day. Amen
watching the news (any news) is becoming more and more painful by the moment.
on fox dana perino was really excited to be a witness to the first woman of color president elect. ugh!
also on fox andy mccarthy mumbled something about the lawsuit(s) being too scattershot and therefore unlikely to succeed, at least from a traditional point of view. sounds at least to me like really bad advice! imho, not trustworthy!
then kamala came on and gave out one of her giggles on some stage. that was it for me, time to turn off the boob tube!
i would prefer not to be the generation that witnesses the death of our republic. at least, it was not originally in my plan for my life.
i keep wondering if i, or some variant of “we,” made some significant mistakes along the way. however, i am not coming up with anything yet.
i wonder if there will be 72 flavors of free draft beer waiting for me in heaven if i have the misfortune (opportunity?) to perish in action on the streets as some byproduct of all of this. if i get there and they don’t have it then i will be sure to put the suggestion into their suggestion box. 72 flavors! maybe rig us all something to look forward to! yah!
:-P
How to go for it...CRIMINAL BALLOTING
https://www.youtube.com/watch?v=HSuFRLEYbDg
watch it all
Even RED STATES and RED Districts require an AUDIT-not a recount
LiveUpdated at 10:35 AM PST
97% reporting · The Associated Press has called this race · 11 electoral votes
Joe Biden
Democratic Party
49.5%
1,631,286
Donald Trump
Republican Party
49%
1,612,733
Jo Jorgensen
Libertarian Party
1.5%
49,411
interview with matt bracken (long, but contains imho interesting new specific allegations)
https://www.youtube.com/watch?v=nI6VbFv96J8
another informative (and relatively short) interview with a lawyer (leigh dundas) in the loop that i believe might not have been posted to this thread yet
https://www.youtube.com/watch?v=GxB_pPHlIKg
apologies if redundant
a prescient 2019 law review article on the theoretical possibility of vote fraud in the 2020 presidential election
https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2719&context=luclj
Preparing for a Disputed Presidential Election: An Exercise in
Election Risk Assessment and Management
Edward B. Foley
Loyola University Chicago Law Journal
Volume 51
Issue 2 Winter 2019
Article 3
2019
Follow this and additional works at: https://lawecommons.luc.edu/luclj
Part of the Law Commons
Recommended Citation
Edward B. Foley, Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment
and Management, 51 Loy. U. Chi. L. J. 309 (2020).
Available at: https://lawecommons.luc.edu/luclj/vol51/iss2/3
This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in
Loyola University Chicago Law Journal by an authorized editor of LAW eCommons. For more information, please
contact law-library@luc.edu.
Preparing for a Disputed Presidential Election:
An Exercise in Election Risk Assessment
and Management
Edward B. Foley*
This Article considers the possibility that a major dispute over the outcome of the 2020 presidential election could arise, even without foreign interference or some other extraordinary event, but rather just from the ordinary process of counting ballots. Building upon previous research on the “blue shift” phenomenon, whereby adjustments in vote tallies during the canvassing of returns tends to advantage Democratic candidates, it is easy to imagine a dispute arising if this kind of “blue shift” were consequential in the presidential race. Using examples from both Pennsylvania and Arizona, two states susceptible to significant “blue shifts” in previous elections, the article shows how the dispute could reach Congress, where it potentially might metastasize into a full-fledged constitutional crisis. The most frightening scenario is where the dispute remains unresolved on January 20, 2021, the date for the inauguration of the new presidential term, and the military is uncertain as to who is entitled to receive the nuclear codes as commander-in-chief. In order to avoid this risk, Congress should amend
the relevant statute, 3 U.S.C. § 15.
* Ebersold Chair in Constitutional Law and Director, Election Law @ Moritz, Ohio State University Moritz College of Law. Many thanks to all who provided feedback on previous drafts.
309
INTRODUCTION ............................................................................. 310
I. FROM NOVEMBER 3, 2020 THROUGH DECEMBER 14, 2020....... 315
A. What Could Happen..................................................... 315
B. Analysis........................................................................ 316
II. FROM JANUARY 6, 2021, THROUGH JANUARY 20, 2021........... 321
A. What Could Happen..................................................... 321
B. Analysis........................................................................ 323
1. The Electoral Count Act........................................ 329
III. JANUARY 6, 2021, THROUGH JANUARY 20, 2021 ................... 335
A. What Could Happen..................................................... 335
B. Analysis: The Arizona Alternative ............................... 339
310 Loyola University Chicago Law Journal [Vol. 51
IV. THE ROLE OF THE SUPREME COURT IN POTENTIAL ELECTORAL
COUNT CONTROVERSIES ....................................................... 341
A. Before the Electoral College Meets on Monday,
December 14 .............................................................. 343
B. Between December 14 and January 6 ......................... 345
C. Between January 6 and January 20............................. 348
CONCLUSION................................................................................. 350
APPENDIX ..................................................................................... 351
A. Text of the Electoral Count Act.................................... 351
B. Existing Interpretations of 3 U.S.C. § 15..................... 356
C. Other Ambiguities Concerning 3 U.S.C. § 15 ............. 358
D. The Consequence of Not Counting Any Electoral Votes
from a State? .............................................................. 359
E. Completion or Incompletion of the Electoral Count?.. 360
F. The Relevance of the Twentieth Amendment? ............. 361
INTRODUCTION
It is Election Night 2020. This time it is all eyes on Pennsylvania, as whoever wins the Keystone State will win an Electoral College majority. Trump is ahead in the state by 20,000 votes, and he is tweeting “The race is over. Another four years to keep Making America Great Again.” The Associated Press (AP) and the networks have not yet declared Trump winner. Although 20,000 is a sizable lead, they have learned in recent years that numbers can shift before final, official certification of election results. They are afraid of “calling” the election for Trump, only to find themselves needing to retract the call—as they embarrassingly did twenty years earlier, in 2000. Trump’s Democratic opponent, _________ (fill in the blank with whichever candidate you prefer; I will pick Elizabeth Warren since at the moment she is the front-runner according to prediction markets),1 is not conceding, claiming the race still too close to call. Both candidates end the night without going in front of the cameras.
In the morning, new numbers show Trump’s lead starting to slip, and by noon it is below 20,000. Impatient, Trump holds an impromptu press conference and announces:
1. See Who Will Win the 2020 Democratic Presidential Nomination?, PREDICTIT, https://www.predictit.org/markets/detail/3633/Who-will-win-the-2020-Democratic-presidentialnomination (last visited Oct. 22, 2019) [https://perma.cc/KC2R-WAH8] (showing that would-be bettors may wager thirty-nine cents per dollar of potential winnings should Senator Elizabeth Warren win the Democratic nomination, while twenty cents must be wagered on former Vice President Joseph Biden to win a dollar).
[...]
Is the U.S. having a ‘color revolution’?
The Roanoke Times
Jun 23, 2020
from ap via google just now
LiveUpdated at 2:59 PM PST
97% reporting · The Associated Press has called this race · 11 electoral votes
Joe Biden
Democratic Party
49.5%
1,633,181
Donald Trump
Republican Party
49%
1,613,833
Jo Jorgensen
Libertarian Party
1.5%
49,454
from ap via google just now (slightly after 4:00PM mst) (az local time)
LiveUpdated at 3:30 PM PST
97% reporting · The Associated Press has called this race · 11 electoral votes
Joe Biden
Democratic Party
49.6%
1,636,934
Donald Trump
Republican Party
48.9%
1,616,832
Jo Jorgensen
Libertarian Party
1.5%
49,564
https://recorder.maricopa.gov/electionresults/general2020.aspx
Presidential Electors Ballot Cast: 2059757 Turnout: 79.37% Vote for 1
BIDEN / HARRIS* 1,027,269 50%50%
JORGENSEN / COHEN 31,069 2%2%
TRUMP / PENCE 980,494 48%
4 p.m.: Biden still leads in AZ as he picks up votes in Maricopa County
President-elect Joe Biden’s lead in Arizona grew slightly over President Donald Trump on Sunday afternoon as Maricopa County posted more results. Biden now leads Trump in the Arizona count by 20,102 votes.
What if a US presidential candidate refuses to concede after an election?
Van Jones
October 26, 2020
from ap via google just now
LiveUpdated at 10:40 PM PST
98% reporting · The Associated Press has called this race · 11 electoral votes
Joe Biden
Democratic Party
49.5%
1,643,664
Donald Trump
Republican Party
49%
1,626,679
Jo Jorgensen
Libertarian Party
1.5%
49,984