New Analysis Claims Constitution Doesn't Require Quick Electoral Vote Certification

[CaoLanh]

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By Jonathan Davis
Dec. 08, 2020
Source: theepochtimes, washingtonexaminer


For Americans who are distraught over an understanding that President Donald Trump’s legal team is running out of time ahead of a Dec. 14 ‘deadline’ for state electors to meet to cast their ballots – ostensibly for Democrat Joe Biden to become president – take heart.

Some experts say https://www.washingtonexaminer.com/washington-secrets/new-claim-constitution-does-not-require-hasty-electoral-college-vote-check-fraud-first that date isn’t hard-and-fast, regardless of what we’ve been led to believe.

The report cites language from the famous Bush v. Gore Supreme Court case in 2000 that essentially decided that election in favor of George W. Bush.


"The Supreme Court has ruled that the law does not actually require states to appoint Electors by that date in order for those Electoral Votes to be counted by Congress when determining the winner of the presidential election,” said a new white paper https://mma.prnewswire.com/media/135...aper.pdf?p=pdf from the Amistad Project of the nonpartisan Thomas More Society, which is challenging the votes in several states.

In addition, the paper states that there were enough violations in those states to warrant tossing out their results and requiring the GOP-controlled legislatures to choose electors, as the Constitution allows.

“Through rigorous investigations supporting our litigation, we demonstrate that state and local officials brazenly violated election laws in several swing states in order to advance a partisan political agenda,” said Phill Kline, the director of the Amistad Project, in releasing the white paper.

“As a result, it is impossible for those states to determine their presidential Electors in line with the arbitrary deadline set forth via federal statute in 1948, and thus, the only deadline that matters is January 20, 2021,” he said.


In a column published by The Epoch Times https://www.theepochtimes.com/decemb...a_3609832.html, Kline notes further:

The only deadline that the U.S. Constitution imposes regarding the selection of the president is noon on Jan. 20. At that moment, President Donald Trump’s first term officially comes to an end, regardless of whether a new president has been determined. Dec. 8 and 14 are artificial deadlines derived from a federal statute enacted in 1948, just like the Jan. 6 date for Congress to receive and count the Electoral College results.

Congress routinely moves the count of Electoral College votes to a day other than Jan. 6, as it did in 1985, 1989, 1997, 2009, and 2013. An even more extreme example occurred in 1876, when Congress waited until two days before Inauguration Day to formally accept the Electoral College results, in order to give lawmakers time to resolve disputes that led to three states appointing two competing slates of electors.


"If we follow the law properly, the 2020 election should become yet another case study for future history classes to consider. Although our divided Congress won’t be changing any “deadline” dates this time, the unique circumstances of this election make that unnecessary, because the Constitution takes precedence over federal law," Kline wrote.

"The wording of 3 USC 5—the statute establishing a 'safe harbor' date for appointing electors—isn’t nearly as definitive as the left wants to believe it is. Technically, all the law says is that if a state has established laws governing the appointment of electors, and a determination is made according to those laws by Dec. 8, then that determination is final. That won’t be the case in at least five states, however," he added.

Not only that, but Texas has now filed suit directly with the Supreme Court challenging the election results of four battleground states, claiming changes to their election rules and procedures by executive branch officials and state courts – not their legislatures – in the weeks before the election were unconstitutional.

Translation: This isn’t over yet.