So it looks like we need to win the republican state legislatures back too

[jorgevlorgan]

Here's a scenario: Let's say the Republicans follow through with trying to organize republican state legislatures to appoint their own electors -as the constitution allows. Biden win by a comfortable electoral college margin, but still narrowly loses Florida. Well, Florida's new legislators are sworn in immediately when they are elected. So one option would be that if Republicans really want to steal the election when they lose, Democrats -after winning enough state legislatures, will have to counter that balance by appointing their own electors as well.

Suffice to say, the goal now must also be to win as many state legislatures in states where they are sworn in immediately or shortly after election. This way, we can also prevent the sort of ratfuckery that Trump and the GOP are openly discussing now.

https://ballotpedia.org/When_state_legislators_assume_office_after_a_general_election

States where legislators assume office the year of their election
Legislature (H/S) When sworn in
Alabama State Legislature
(H, S)

Alabama legislators assume office the day following their election.[47]
California State Legislature
(A, S)

California legislators assume office the first Monday in the December following their election.[48]
Florida State Legislature
(H, S)

Florida legislators assume office on the day they are elected in the general election.[49]
Hawaii State Legislature
(H, S)

Hawaii legislators begin their terms on the day that they are elected in the general election.[50]
Idaho State Legislature
(H, S)

Idaho legislators are sworn in on the first day in December following the general election.[51]
Indiana State Legislature
(H, S)

Indiana legislators assume office the day after their general election.[52]
Maine State Legislature
(H, S)

Maine legislators assume office on the first Wednesday of December following the general election.[53]
New Hampshire State Legislature
(H, S)

New Hampshire legislators assume office on the first Wednesday in December in even-numbered years, one month and one day after the November elections.[54]
North Dakota State Legislature
(H, S)

North Dakota legislators assume office December 1st.[55]
Oklahoma State Legislature
(H, S)

Oklahoma legislators assume office on the state's statehood day on November 16.[56]
South Carolina State Legislature
(H, S)

South Carolina legislators assume office the Monday after the election.[57]
Tennessee State Legislature
(H, S)

Tennessee legislators assume office on the day of their election. However, the governor and state officers are not sworn in until January 15 following the election, and the legislature is not organized for session until January.[58]

West Virginia State Legislature
(H, S)

West Virginia legislators assume office on the first day of December following their election.[59

[LakeArenal]

1. Gonna be difficult in Wisconsin for sure.

[AleksS]

3. Yup. As we learned, even if you win 60%+ of the popular vote, you STILL

Only get 30% of the seats.

Democrats would pretty much have to win 80% of the vote to get a majority in the WI legislature. It's messed up.

[Bettie]

16. But if we can flip a few seats they can

keep the next round of redistricting from being totally partisan.

Right now, they can override Gov. Evers' vetoes. A few seats would keep this from happening leading to a better outcome in redistricting.

[The Velveteen Ocelot]

2. *Especially* the state legislatures.

That's where most of the crazy legislation comes from, and where crazy US Senators and Congresspeople get their starts.

[jorgevlorgan]

6. If they actually try to pull that BS using the state legislatures to appoint electors,

what is your opinion on that chances of it working?

[The Velveteen Ocelot]

10. It probably won't work, because state legislators have to run for re-election too.

And pulling a stunt like that would almost guarantee they'd lose their next election.

[jorgevlorgan]

11. Wouldn't most of these folks be in the lame duck session though?

[bendog]

14. lame duck or not

does it really matter? Trump's set the issue that mail in votes are fraudulent and should not be counted. If a legislator is elected in a district in either 18 or 20 …. or 16 … that went for Trump …. I'd think they'd vote to (s)elect Trump and just not count mail ins.

In the states I know of, there are laws requiring counting of mail ins. But if the ballots never are received from the post office, either because they are "lost" or "impounded" …. damned if I see a legal remedy.

[jorgevlorgan]

12. Actually I think your point still stands.

Not everybody who they would need to do that would have been voted out or retiring. They would still need to consider their elections.

[stillcool]

4. should start there first...

if some of these states had Secretaries of State, that weren't so hell bent on stopping people from voting, we wouldn't be here. If not for the likes of Katherine Harris and Kenneth Blackwell, votes would have been counted and we wouldn't be here.

[TheRealNorth]

5. Gerrymandering comes into play

as the people commented about WI. But the same could be said about the current maps in OH, MI. TX.

And there is probably no guarantee these can be fixed come 2022 with a Democrayic governor if the courts are in conservative hands.

[not_the_one]

9. And THAT is how/why we fix gerrymandered districts...

Since SCOTUS feels state legislatures can do ANY damn thing they want, INCLUDING voter suppression and voter purges.

Once we have the state legislatures, THEY can pass fair and equitable redistricting legislation that can't be tampered with by either party.

If members of the courts don't want to play fair, impeach their ass. Can't be done, you say? You never know if something will work until you try.

That is part of the problem with the democratic party, we don't even try to see if something is possible... We quickly throw up our hands and say "that is not possible", or "we have to take the high road", or some other cowardly response.

[TheRealNorth]

19. Theoretically

but my concern was that that with the courts in conservative hands, they may /probably won't be consistent in their interpretation of the law when it comes to allowing Democrats to draw district boundaries.

It would be great if we can impeach the judges then, but how do you do that without a supermajority? How do you get there if the districts are already gerrymandered against you.

[bendog]

7. Say in Pa

After the votes cast live on election day are counted, Trump has a slim lead. But mail ins are not yet all counted. Trump can declare the vote is in, and that all mail in's are inherently illegal, and even have Barr "impound" them.

The Pa legislature selects a slate of electors and delivers the 20 EV to Trump.

The Supreme Court scolds Barr, and upholds Trump's (s)election.

Maybe its just my paranoia.

[jorgevlorgan]

8. PA's state legislature is sworn in December 1

If the Democrats take it, they won't be able to keep the electors they appoint since the electors vote -I think, December 5?

[JI7]

13. We ALWAYS need to try to win ALL elections

[Zing Zing Zingbah]

15. You don't have to worry about Maine

Dem governor and Dem controlled state house and senate already... and I'm pretty certain it will be the same after the election because of all the uncontested seats we have that are currently held by Dems. No governor's race in Maine this year.

https://www.democraticunderground.com/10553666
https://www.centralmaine.com/2020/09/16/legislative-free-for-all-gives-democrats-24-uncontested-seats/

[RhodeIslandOne]

17. I can't believe this shit

Even their own shitty system isn't rigged enough in their favor. They are gonna do more.

[Boogiemack]

18. That has always been the case but no one paid attention. Voting Rights was the price.

Now here we are. But we shall rise!!