- The media declared Democrat Joe Biden the winner of the US Presidential Election.
- The Legislators have the plenary right (all inclusive right) to select or replace any elector.
- Federalist 68 conferred on the Legislators a “moral duty to guard over the selection of the office of President.” that further “it will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.”
On Monday, each of the 50 US states brings together the group of electors who will vote for the next US President. The US Electoral College is the group of electors mandated by the US Constitution to elect the country’s President and Vice President, after the state elections that take place every four years.
In the November 3 elections, the media declared Democrat Joe Biden the winner of the US Presidential Election. They projected that he had secured enough votes i.e 306 Major Voters – well above the 270 needed for the majority of the 538 votes at the Electoral College – against 232 of Trump.
However, it is entirely up to the individual state legislatures to select electors. If they feel that the election was fraudulently conducted or for any other reason they may take back their appointment of electors and select new electors at any time, for any reason they deem fit.
The US Supreme Court recently confirmed that right in June of this year. It is also the subject further discussed in Federalist 68, one of the US documents that explains the US Cconstitution. In fact, in that document it is conferred on the Legislators a “moral duty to guard over the selection of the office of President.” that further “it will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.”
Thus if they find any flaw in the elector, they have the plenary right (all inclusive right) to change any procedure or replace any elector that would threaten the process.
The Supreme Court considered the recent electors that had been fined for being faithless electors but the Supreme Court reversed the lower courts and upheld the Legislators plenary power over electors.
December 14th is the date of that the Constitution assigned the Electoral College to cast their votes. These ballots will be counted in Congress on January 6th. Yet there are various cases on election irregularities still in the court systems.
If any of these cases prove fraud or reason to discredit the election then the Legislature must act accordingly. Cases could still work their way up to the Supreme Court. The states still have the power to change their electors any time during this process.
Donald Trump ‘s team has been advocating for opportunity to come before various Legislative hearing to present the Presidents evidence. He has had several opportunities including Georgia, Georgia 2nd hearing Arizona, Michigan and Pennsylvania. He may have more opportunities.
The President invited Michigan state congressional leaders to meet with him in Washington in late November in an attempt to convince them regarding the fraud the President says occurred.
According to lawmakers’ reports, Trump personally called several Michigan state congressmen, claiming that, in the face of “electoral fraud,” electoral college delegates should not be representatives of Joe Biden.
Even if some of the delegates would change their vote, it still won’t be easy for Republicans to obtain the electoral votes. The evidence must be compelling to justify the change as these legislators must answer to their constituents. Trump’s efforts have thus far not yielded any change in electors.
In US history, the various state legislative bodies have changed their electoral votes, including sending competing sets of electors or “Dueling Electors” to Congress for their state. The legislative body may also instruct Congress not to receive any specific electors.
It is nearly one month until Congress meets to count the electoral college ballots. There may be considerable turn of events either way up until that point. If, in fact Congress decides there are not enough votes for either candidate to win the election on January 6th, there are constitutional provisions for Congress to appoint the President themselves. It becomes purely political at that point. There are many moving parts in that process as well.