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Greetings, @davidjollyFl
Fortunately, that’s not how it works. Allow me to explain.
Spoiler: Trump can't steal the election. But he can—through rumors like this one—undermine democracy, elevate his image as a "Strong man," and force us all to become actors in his reality show. https://twitter.com/DavidJollyFL/status/1311991958714417155
Fortunately, that’s not how it works. Allow me to explain.
Spoiler: Trump can't steal the election. But he can—through rumors like this one—undermine democracy, elevate his image as a "Strong man," and force us all to become actors in his reality show. https://twitter.com/DavidJollyFL/status/1311991958714417155
Maybe you mean this: if GOP legislators in states like Pennsylvania challenge the certification of results, NO electors will be certified from those states, which (depending on how big Biden’s win is) might keep him from reaching 270 electoral votes.
https://twitter.com/DavidJollyFL/status/1311991958714417155
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https://twitter.com/DavidJollyFL/status/1311991958714417155
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In fact, under the 12th Amendment, “[t]he person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed.”
Appointed
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![In fact, under the 12th Amendment, “[t]he person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed.” Appointed 2/](https://pbs.twimg.com/media/EjWcobQVcAASYV4.jpg "In fact, under the 12th Amendment, “[t]he person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed.” Appointed 2/")
Appointed
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3/ If fewer than 540 electors are appointed, the winner needs a majority of those.
See also: https://verdict.justia.com/2020/09/30/no-republicans-cannot-throw-the-presidential-election-into-the-house-so-that-trump-wins…
Let’s take another scenario: The electors are certified and appointed, but the GOP in that state challenges the results.
See also: https://verdict.justia.com/2020/09/30/no-republicans-cannot-throw-the-presidential-election-into-the-house-so-that-trump-wins…
Let’s take another scenario: The electors are certified and appointed, but the GOP in that state challenges the results.
4/ If the state can't resolve the issue by December 8, Congress settles the dispute—but the Electoral Count Act says nothing about delegations.
Congress decides. Each House makes its decision.
If the Senate remains GOP and the House is Democratic, they will have a stalemate.
Congress decides. Each House makes its decision.
If the Senate remains GOP and the House is Democratic, they will have a stalemate.
5/ The Electoral Count Act tells us what happens if the two Houses shall disagree.
In that case, the Electoral Count act specifies Congress must accept “the votes of the electors whose appointment shall have been certified by the executive of the State” over the legislature.
In that case, the Electoral Count act specifies Congress must accept “the votes of the electors whose appointment shall have been certified by the executive of the State” over the legislature.
6/ Thus, in a state like Pennsylvania, the executive (Democratic governor) will certify his electors, and the legislature will certify its own separate slate of electors.
The executive will win.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section15&num=0&edition=prelim
For additional explanations, see: https://static1.squarespace.com/static/5e70e52c7c72720ed714313f/t/5f625c790cef066e940ea42d/1600281722253/State_Legislature_Paper.pdf
The executive will win.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section15&num=0&edition=prelim
For additional explanations, see: https://static1.squarespace.com/static/5e70e52c7c72720ed714313f/t/5f625c790cef066e940ea42d/1600281722253/State_Legislature_Paper.pdf
7/ I’ve explained elsewhere why the legislature cannot simply impose its judgment after the election.
In a nutshell: States cannot change the rules after voting has started without violating multiple federal and state laws.
But that doesn't seem to be what you mean here.
In a nutshell: States cannot change the rules after voting has started without violating multiple federal and state laws.
But that doesn't seem to be what you mean here.
8/ Recall how this all started: A "legal advisor" to the Trump campaign gave an interview to the Atlantic suggesting a way Trump can “win” the election even if he loses both the popular vote and the electoral college by
means of state legislators and reappointed electors.
means of state legislators and reappointed electors.
9/ Trump reinforced this narrative in two public statements. In a press conference, he talked about throwing out the ballots. At the debate, he offered a monologue on the topic
10/ The important point here that Trump wants you to believe he can manipulate the results of the election.
He wants you to think he can stay in the White House even if he loses both the popular vote and electoral college.
He wants you to think he can stay in the White House even if he loses both the popular vote and electoral college.
11/ Having people think this benefits Trump in several ways.
First, he transforms himself from a guy losing in the polls to a strongman capable of stealing an American election, thereby raising his stature and keeping his supporters thrilled.
First, he transforms himself from a guy losing in the polls to a strongman capable of stealing an American election, thereby raising his stature and keeping his supporters thrilled.
12/ See my Just Security piece https://www.justsecurity.org/72609/dont-believe-trumps-latest-con-the-strongman/
Second, it hijacks the national conversation so that we are no longer talking about Trump’s policy failures. We are not talking about things that should have our attention.
https://www.justsecurity.org/72609/dont-believe-trumps-latest-con-the-strongman/Second, it hijacks the national conversation so that we are no longer talking about Trump’s policy failures. We are not talking about things that should have our attention.
13/ Third, it undermines public faith in elections and democratic processes. As @selectedwisdom reminds us, a goal of Active Measures is to cause people to lose confidence in democratic processes.
That's how 21st-century would-be autocrats undermine democracy.
That's how 21st-century would-be autocrats undermine democracy.
