President Trump’s final attempts to reverse the election appear to be sweeping the far-right landscape, with one of the electoral college members choosing to reverse the will of voters in Republican-led state legislatures.
Can it work Election law experts are highly skeptical. And the leader of Republican heads in legislatures in key states, including Pennsylvania, Michigan, Arizona and Georgia, Told the New York Times this week Through his offices that he saw no role for himself in electing electors.
This has not stopped some high-profile supporters of the president, including talk radio host Mark Levine and Florida’s Ron Ron Desantis, suggested that Republican-led legislators ignore the popular vote in close states won for president Should consider doing. Joseph R. Elect Biden Jr. and hand over his electoral vote to Mr. Trump.
According to experts, a political strategy, to the extent that it is an organized strategy, has a theoretical basis in law. But if it were to move forward, it could have caused widespread outrage and could be seen as an attempt to end the democratic process.
Benjamin Zinsberg, until recently one of the Republican Party’s top election lawyers, called the strategy an act of desperation, one that many Republican lawmakers would not buy. “The most partisan Trump may be the legislator, but I believe that hijacking the votes of his constituents will lead to considerable rebellion that such actions will fail,” he said.
Learn such scheme here Theoretically will play out. The constitution empowers state legislatures to determine the “manner” in which a body of 538 people is elected in the electoral college, who formally elects the president. Every state has already done so, which specifies in its laws that the winner of the statewide popular vote is entitled to the state presidential election (elected by some district presidents of the Congress of Maine and Nebraska).
Electoral Count Act, 19th century lawSets the mechanism for how this happens. It instructs governors to certify both the election results and a slate of presidential elections to represent the will of the people. In general, governors certify electors elected by the presidential candidate who won their state.
The Electoral Count Act also states that state legislatures have the right to depose and appoint electors in the event of a “failed election”, in which voters have made no choice for president. The law of 1876 is unclear About what constitutes a “failed” election. But states have a time limit for certifying elections: “safe harbor” date, Which is 8 December this year. Elections elected before that date cannot be challenged by Congress.
A spate of lawsuits filed by the Trump campaign, most of which have been defeated in court, appear to be aimed at slowing down the states’ certification deadlines and providing excuses for possibly declaring a “failed” election.
At the same time, Specialist in Election Law Said that no trial offered evidence of widespread fraud that could reverse Mr. Trump’s losses. Together Arizona And Georgia Added to Mr. Biden’s column this week, he has comfortably won an election that had 306 projected electoral votes, with a majority requiring more than 36.
Bob Bauer, a prominent Democratic election attorney and senior adviser to the Biden campaign, rejected the notion of legislators taking the election. “When all is said and done, you cannot stop this process from coming to an inevitable conclusion,” he said.