A Constitutional Hail Mary

December 7, 2020

In 2000, 2004, and 2016, Democrats attempted to vote down electors in Congress, in order to block the election of George W. Bush and Donald J. Trump. This is both lawful and Constitutional (supported by Federal Statutes; Article 1 & 2 of the Constitution; and 12th Amendment). They did not have the necessary votes to sustain that objection; however, they had every right to object.

“If a House member and a Senator objects to the submission of Electoral College votes by any state, that immediately triggers a House floor vote and a Senate floor vote on whether to accept or reject those Electoral College votes submitted by that particular state,” the Alabama Republican [Rep. Mo Brooks] said. “The amount of debate on the House and Senate floor is limited to two hours under Federal Law.” This may occur on January 6th 2021, when “the 50 states convene to report to Congress, and the President of the Senate presides over the meeting to report to Congress what they contend are their Electoral results in their state.”

Three key points to pay attention to: the constitutionality of the laws; this being successful this election; and the dates on which these sessions take place.

Firstly, Federal Statutes and the Constitution have provided grounds for lawfully objecting to, and rejecting, certification of a state’s Electoral votes. Legitimacy of reason is the precondition for its success. The point of refusing Electoral votes is to ultimately reject apportioning it to the candidate it’s projected to belong to. Keep this is mind. In the case of 2016, it was on the basis of collusion and Russian Interference, upon which no evidence was ever presented nor substantiated to legitimate the claims; therefore, blocking the votes did not pass and 12th Amendment not invoked.

The 2020 Election, however, features an onslaught of lawsuits in the 7 contested states against widespread fraud, of which irregularities and fraudulently casted ballots were found (here is Rudy Giuliani’s presenting his case to PA lawmakers). But even despite the formality of this proceeding, Democrats still retain their majority in the House, rendering a House vote, to block a state’s electoral vote, null.

The likelihood of Trump retaining the Presidency this way isn’t likely. After the election, there had been a lot of emphasis on these lawsuits being proven in the Supreme Court. Recently, however, the attention has shifted. The Court could theoretically deny and toss out a state’s electoral votes, if fraud was proven to have corrupted the election that it is deemed irreparably compromised, if not able to be corrected; the 12th Amendment would then be invoked.

The 12th Amendment states that should neither candidate achieve the majority of votes (i.e. 270 Electoral votes) then the House and Senate choose the President and Vice President, respectively. However, and this is a big caveat, it is not the total number of representatives that vote, but one vote per state. Republicans currently hold 26 states as of the 2020 Election, effectively giving them a majority in both the House and Senate.

The courts are not needed for this invocation. As of right now, state lawmakers have two choices to face: to block or reject certification of the Electoral votes on January 6th; and secondly, to appoint a competing set of electors, of which both chambers of Congress must vote on. Recently, the Trump Team has called on Republican state legislations to appoint these electors; however, in Arizona, Republican Rep. Rusty Bowers claimed that overturning certified results are unlawful. Rep. Bowers is wrong here, as certified results, insofar as their votes are cast and approved, are on December 14th and January 6th, with the exception of December 8th being the exception for certification if legal disputes are settled. Secondly, Federal Law permits appointment of a rival electorate. On the East, Pennsylvania lawmakers have introduced a resolution to dispute the election results. Should Trump win the lawsuit against PA Secretary of State Boockvar, or if the Commonwealth successfully blocks certification, he either wins PA or the 20 points are lost to both candidates. In addition to this resolution, however, PA State Senator Doug Mastriano said that on November 30th, they will start the process to appoint new electors. So whether it’s by court, by blocking certification or appointing new electors, there’s a path for Trump 3 to 1, with Biden’s odds shrinking as the only defense his team has employed is to ignore and hope this all goes away.

For the news publishers that have declared a President-Elect, in order for any candidate to become the “Elect” they must first be Elected by the Electors on December 14th. At the time I write this, it is December 6th and despite protestations from media sources with money in the race, the media retaining the right to determine the U.S. Presidency might be referred to in some manifesto, but not the United States Constitution.

Which brings us to the third point. December 14, 2020, January 6th & January 20th 2021 are important dates. But only one is constitutional. All three are lawful, but only one is necessitated while the other two are arbitrary. On December 14th, “The Electors shall meet in their respective states and vote by ballot for President and Vice President” (Article 2, US Constitution; 12th Amendment). According to 3 U.S.C. § 7, this takes place on the first Monday after the second Wednesday, which is December 14th. 3 U.S.C. § 15 states that the results of the Electoral College are to be received on January 6th, where lawmakers may constitutionally object object to or accept certification.

These two dates have no constitutional basis. That does not mean they’re un-constitutional; they are not. But their purpose is not fixed. “Experts believe that the primary basis for these dates was to provide enough time to affect the presidential transition of power, a concern which is fully obsolete in the age of internet and air travel,” The Amistad Project of the Thomas More Society said in a press release. The only date that is fixed, Constitutionally, is January 20th, meaning they are especially no exception from scrutiny and deferment in the event of a contested election.

The Amistad Project, who itself is filing lawsuits in 6 states that every legal vote may be counted, called these deadlines “both arbitrary and a direct impediment to states’ obligations to investigate disputed elections.

Should states, as lawmakers in Pennsylvania have initiated a resolution to block certification of the electoral votes, prevent a candidate achieving a majority, then the 12th Amendment is invoked, insofar as the House and Senate, respectively, choose the President and Vice President. This is not only constitutional, but a Hail Mary. Not in that it’s a shot in desperation, because the evidence presented is too great to be anything short of admirable (and upsetting that such mismanagement and fraudulence occurred in the past election— refer to the Gettysburg, PA hearing sourced above); but that this is a brilliant and elaborate move, provided by the Federal Statutes and more importantly, the Constitution that foresaw the potential for democratic elections to be compromised in any capacity, thereby establishing a Rule of Law to guide the nation aright, seeking justice where it might be hidden, but always found.

The plan is therefore to deny Biden 270 votes, triggering a House and Senate floor vote, whereby both would be Republican majority; otherwise, to establish new electors, as the Commonwealth of Pennsylvania seeks.

Additional source: Electoral College Deadlines Not ‘Set In Stone’: Election Integrity Watchdog, Epoch Times 

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