Friday, November 13, 2020

President Donald Trump's path to 270 is so difficult, the more likely goal for his team is to keep enough states from certifying the election results so Joe Biden falls short of 270 electoral votes Dec. 14. - SETTING THE STAGE FOR A CONSTITUTIONAL CRISIS


Article One, Article Two, and the 12th Amendment of the U.S. Constitution about contested or contingent elections


This MAY BE headed to the Supreme Court. 

- Where they will rule that the election is invalid due to fraud or errors on a national scale.

It will happen in One or two ways: 

- either they will rule that all Mail In Postal votes are unconstitutional and shall therefore be withdrawn and each state will be ordered to recount without them.


Some legal experts and Congress members, including Harvard professor emeritus Alan Dershowitz and Rep. Mo Brooks (R-Ala.), have suggested that Congress can reject a state’s Electoral College votes.



"We're a long way from 2000," Dershowitz told Tuesday's "American Agenda," referring to the Bush v. Gore decision that gave George W. Bush the state of Florida and ultimately the White House.

President Donald Trump's path to 270 is so difficult, the more likely goal for his team is to keep enough states from certifying the election results so Joe Biden falls short of 270 electoral votes on the Electoral College date of Dec. 14.

"We're in a land of the unknown, and we just don't know how the Supreme Court would ultimately decide this case," Dershowitz told host Bob Sellers.


US Election 2020: when do states certify their election results?


November 20 - Georgia


November 23 - Michigan, Pennsylvania


November 24 - Minnesota, North Carolina


November 30 - Arizona


December 1 - Nevada, Wisconsin


As the certification dates are created by the states themselves there is, in theory, nothing stopping them from missing their own deadlines. 


If that were to happen they would risk forcing Congress to decide whether a slate of electors in legitimate. 


This opens up the possibility that Republican-led state Senates could send Trump electors, in spite of how the state actually voted.


The Electoral College Votes will be cast and counted on 

  • 14 December, which must then be delivered to Vice President Mike Pence, in his capacity as Senate president by 23 December. 
  • When the new Congress is sworn in on 6 January one of their first tasks will be to officially count the vote and Pence will declare the winner. 
  • 20 January 2021, President-elect SWORN IN 




SCENARIO - 


SCENARIO #2 

Tied or contested election

The founders proved prescient: The elections of 1800 and 1824 did not produce winners in the Electoral College and were decided by the House. 

Thomas Jefferson was chosen in 1800 and John Quincy Adams in 1824.


  • Under the 12th amendment to the Constitution
  • Each of the nation’s 50 states gets one vote for president for their House delegation. The president can be selected by a House majority — 26 states — if the Electoral College deadlocks or is unable to agree on the winner. That voting procedure gives equal representation to California(1-Vote) – population 40 million – and Wyoming(1-Vote), population 600,000.
  •  (Jan. 6) is set by federal law as the date for the tabulation of the electors’ votes.
  • Since it’s the new (117th Congress) seated (Jan. 3) that would be called on to resolve an Electoral College dispute






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