Timing of the Electors - We Don't Need SCOTUS to Win

Article author: 
James Arlandson
Article publisher: 
American Thinker
Article date: 
December 12, 2020
Article category: 
National News
Medium
Article Body: 

... The first federal law for our purposes, titled "Determination of controversy as to appointment of electors," says:

If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.

So this provision, if I understand it correctly, says that states may appoint electors after a controversy ("controversy or contest").... Bottom line: The electors for Biden, the "fake winner," can be set aside if that is what each individual state law allows...

The Electors Clause - Article II, Section 1, Clause 2 of the U.S. Constitution - provides that "[e]ach state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress."...

However, what about the "six days" in the election law provision? The next federal law, in a section titled "failure to make a choice before prescribed day," says:

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

The states can determine when they appoint the electors "on a subsequent day" (not the next day).... And if the controversy in selecting electors, caused by fraud and illegalities, persists past Dec. 14, then the states can ignore the date and follow their need to further investigate fraud and illegalities....

The undisputed states vote electorally on Dec. 14, and neither Biden nor Trump reaches 270, so neither one is the winner. The five GOP state legislatures (Arizona, Michigan, Georgia, Wisconsin, and Pennsylvania) of the six disputed states (minus Nevada) say they need to postpone their electoral votes because they are investigating fraud and illegalities. ...

Assuming that the Democrat Legislature in Nevada says everything was legitimate, each disputed GOP state may reach this conclusion on any day after Dec. 14 - say, on Dec. 27 or even Jan. 15. Then they appoint electors who vote for the rightful winner: Trump (provided the GOP-selected electors do not suffer from TDS). These votes are added in to the votes cast on Dec. 14. Trump goes past 270 electoral votes. He wins!

However, what happens if the disputed states cannot select the electors, and neither Trump or Biden reaches 270? Then it goes to the House of Representatives, and each state has one vote, and this one vote is determined by the political makeup of the state legislatures. The GOP controls 29 state legislatures, and the Democrats have 19 (two are split). Trump wins again....

The battle is not over. It was always going to boil down to the legislatures without SCOTUS...

Related

Stephen Miller: Donald Trump Allowed to Contest Election Until January 20, Breitbart, December 14, 2020:

The only date in the Constitution is January 20, so we have more than enough time to right the wrong of this fraudulent election and certify Donald Trump as the winner of the election,” Miller said during the interview....

Miller cited three major legal issues in the 2020 election: improperly cast absentee ballots in Wisconsin, violation of the Equal Protection Clause in Pennsylvania with cured ballots, and changes to the signature matching in Georgia without state legislature approval.
 
“Those three violations alone make Donald Trump the winner of the 2020 election,” Miller said....