Can Trump still win with lawsuits or invoking the fraud provisions of the Executive Order of 2018? I am not trying to give anyone false hope. Many people have written in because they do not understand the system. The overseas readers seem to be upset the most for they were hoping for Trump to stand up to the real tyranny they have suffered under the direction of Klaus Schwab and his modern version of Marx’s Communist Manifesto.
The Electoral College vote on December 14th was actually not the end. The counting of the Electoral Votes actually takes place on January 6, 2021, when Congress meets in a joint session to count the electoral votes and announce the results of the Electoral College vote.
The Constitution’s text requires that a group of electors, commonly called the Electoral College, chooses the next president. If a majority of electors fails to agree on a winner, Congress picks the winner in continent elections held within Congress under the terms of the 12th Amendment.
In Article II, Section 1, the Constitution requires two steps in the general election and the Electoral College process.
Here is the problem. First, the states (and the District of Columbia) are required to appoint members of the Electoral College.
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
Therefore, in swing states such as Pennsylvania where the governor is a Democrat but the legislature is Republican, it is the legislature that has the legal right to select the electors – not the governor. This could be overruled if the governor acted unilaterally. If that happens on January 6th, the Democrats will claim the election was stolen by Trump. Will the legislatures uphold the law? Or will they be suppressed by the Deep State?
Then, Article II, Section 1 further states that the delegates the Electoral College deadlines to report to Congress:
“The Congress may determine the Time of chusing [original spelling] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”
Therefore, the Constitution’s 20th Amendment also requires that the president and vice president are to end their terms of office on January 20 at noon in the year following the general election. Additionally, Congress established by statute controlling when electoral votes are counted at the states and at Congress. The current statute reads at this time that “the electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.” This year, that day is December 14, 2020.
That has taken place, but despite CNN and others, it’s not over until the fat lady sings. The election law further requires the states to send in their electoral votes to Congress by December 23, 2020. If electoral votes are not received by the fourth Wednesday in December, which is next week, then the President of the Senate or the Archivist of the United States can use “the most expeditious method available” to get the votes sent to Congress. The electoral votes received by Congress are to then be counted in a joint session to be held at 1 p.m. on January 6, 2021. The president of the Senate — in this case, Vice President Mike Pence — will then formally announce the winners.
If a presidential or vice-presidential candidate does not receive a majority of the electoral votes, the House selects the next president and the Senate selects the next vice president. Back then, people ran separately for each post and they did not always agree on policy. But it is not every person in Congress who votes, each state votes which would mean Trump would win if the Republican states voted for him.
Furthermore, in conjunction with the presidential election, the newly elected Congress must take its place by January 3 following the general election under the 20th Amendment. That new Congress would select a president and a vice president if the Electoral College voters do not agree on a majority winner for each office. So it would be the newly elected House – not present.
The Constitutional Mess emerges which has called for abolishing the Electoral College whenever a candidate loses that vote but had won the popular vote. The conflict emerges because there is no defined manner in which the Electoral College is even to vote. With the exception of Maine and Nebraska which divide their electoral votes among districts whereby they case more closely to the popular vote, all other states practice a winner-take-all contest. Therefore, sometimes a person can win the popular vote in California say by just 1,000, and win all 55 votes. That then may distort the Electoral College for the popular vote nationally could have gone to the opponent. This lack of definitive rules for everyone on the surface creates confusion and defies Due Process of Law as well as Equal Protection. One state could actually say it will allocate all votes to the loser. There are no federal rules in this respect.
Legally, we can still end up in a conflict on December 23rd as well as January 6th because the slate of electors designated as their Electoral College representative has illegally been set by the governors instead of the state legislature. The tradition has been that the states and political parties work together on the presidential primary process. In some cases, disputes about that process are settled by the courts, which is what happened during the Bush v Gore election of 2000.
Some have asked could the election be postponed? The general election date that results in the selection of electors could be postponed since at least 45 states have statutes that deal with election day emergencies. Therefore, only the states have the power to delay that part of the election process. The Constitution nor Congress provides any similar power to the President or other federal officials to change this date outside of Congress’s regular legislative procedure. Historically, the presidential election date has never been changed in response to an emergency. This issue did come up during the aftermath of the 9/11 terrorist attacks. It was generally viewed that Congress could by statute delegate some of its electoral process powers to the Executive Branch during an emergency. However, there would be a serious question that there would be any authority to postpone an election. At the very least, there could be no delay in an election that is indefinite. This may become important by 2022 or 2024 given there are some who want to end elections since we, the Great Unwashed, are really too stupid to vote.
The Constitution requires that Members of the House of Representatives shall be chosen “every second year” (under Article I, Section 2) and Senators shall be chosen for terms of “six years” (under the 17th Amendment). It is hard to see where they could postpone any election beyond their own terms.
The courts can still rule to overturn electors before January 6th on the basis of fraud. Despite the constant claims from Biden, the left media that there was absolutely no fraud, you know they are lying because every election has fraud. The question simply is whether or not the amount of fraud changed the material outcome? There are forensic audits of Dominion which are independent showing massive fraud. If the courts refuse to address these issues, then the judges are corrupt and should legally be impeached and imprisoned. The likelihood of that is ZERO.
Only if there is no clear winner of the presidential election on January 20, the Speaker of the House would serve as Acting President under the current succession law. The ONLY remote shot is that the courts change the elector votes which then go to Congress by December 23rd, or by January 6th changes the outcome. Then we end up in a real crisis.
Time will tell, but this looks like a real mess going into 2022. There does NOT appear to be a reasonable way to expect Trump to remain as president. Everything else is really a long-shot despite the fact that serious fraud has been uncovered and dead people have been voting in mass. Senate Majority Leader Mitch McConnell recognized former Vice President Joe Biden as the president-elect during a 10-minute-long speech on the Senate floor Tuesday.
