Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Yo_Mama_Been_Loggin

(108,414 posts)
Sat Nov 14, 2020, 02:06 PM Nov 2020

Can Republican State Legislatures Step In To Hand Donald Trump an Electoral College Victory?

Donald Trump, who has yet to concede the 2020 election, reportedly has floated the idea of subverting the normal Electoral College process to clinch a second term in the White House.

The seemingly implausible scenario comes after several news organizations, including the Associated Press, called the race for Democratic nominee Joe Biden. On Friday, projections showed Biden with 306 electoral votes to Trump's 232.

-snip-

"Direct appointment of electors by state legislatures is being discussed in some circles as an extreme measure, but is not actually a plausible scenario," said Barry Burden, director of the Elections Research Center at the University of Wisconsin-Madison.

Burden explained that while the Constitution gives state legislatures the power to appoint electors in any manner they choose, they have all already decided that they will allocate electors based on the popular vote.

"Legislators might decide to change the rules for 2024 and use a mechanism other than the popular vote to choose electors in that election," he said, "but it is not possible to alter the rules now that the 2020 election has already taken place in the 'manner' outlined by state statutes in advance of the election."

-more-

https://www.msn.com/en-us/news/politics/fact-check-can-republican-state-legislatures-step-in-to-hand-donald-trump-an-electoral-college-victory/ar-BB1b024J?ocid=DELLDHP&li=BBnb7Kz

6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Can Republican State Legislatures Step In To Hand Donald Trump an Electoral College Victory? (Original Post) Yo_Mama_Been_Loggin Nov 2020 OP
I think it requires a judge to first stop certification because the election was not lawful exboyfil Nov 2020 #1
this confuses me a bit....if the premise is the election was flawed so badly... Thomas Hurt Nov 2020 #2
I am saying the legislature picks whoever they want exboyfil Nov 2020 #3
Not. Going. To. Happen. Fiendish Thingy Nov 2020 #4
I believe I read that Pennsylvania and Arizona have already said no. tavernier Nov 2020 #5
In PA and other states BumRushDaShow Nov 2020 #6

exboyfil

(17,865 posts)
1. I think it requires a judge to first stop certification because the election was not lawful
Sat Nov 14, 2020, 02:10 PM
Nov 2020

in some way and that illegality brought into question the actual winner. At that point the state legislator can intervene and pick the electors.

Thomas Hurt

(13,903 posts)
2. this confuses me a bit....if the premise is the election was flawed so badly...
Sat Nov 14, 2020, 02:24 PM
Nov 2020

you can not certify for the current set of electors...how can a second set of electors be permitted under the same flawed certification?

exboyfil

(17,865 posts)
3. I am saying the legislature picks whoever they want
Sat Nov 14, 2020, 02:29 PM
Nov 2020

in the vacuum of no clean election (at least it was that way in Florida in 2000).

Not happening in this case because the election in every state was clean. It would take a partisan judge going off the rails to change it (in this case three different judges).



https://www.cnn.com/2000/LAW/11/22/legislature.electors.pol/index.html

tavernier

(12,413 posts)
5. I believe I read that Pennsylvania and Arizona have already said no.
Sat Nov 14, 2020, 02:39 PM
Nov 2020

They have pledged to represent their voters.

BumRushDaShow

(129,929 posts)
6. In PA and other states
Sat Nov 14, 2020, 04:26 PM
Nov 2020

the electors were submitted by the candidates and voted on by members of their respective parties (here, it was done during the primary election) and then the Governor will select them for attendance at an initial meeting at the state capital (Harrisburg here) and then they will attend the meeting for the full electoral college in D.C.

I was trying to search through our state Constitution or other laws and I don't recall seeing anything about the legislature. The Act that they have generally been following for Presidential elections (which included a couple recent Amendments including to move the primary and to allow issuance of bonds to purchase equipment for the revised voting equipment requirements, etc.) -

ARTICLE XV

Electoral College



Section 1501. Election of Presidential Electors.--At the general election to be held in the year 1940, and every fourth year thereafter, there shall be elected by the qualified electors of the Commonwealth, persons to be known as electors of President and Vice-President of the United States, and referred to in this act as presidential electors, equal in number to the whole number of senators and representatives to which this State may be entitled in the Congress of the United States.

Section 1502. Meeting of Electors; Duties.--The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o'clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.

Section 1503. Filling of Vacancies Existing in Presidential Electors.--If any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the electors present shall proceed to choose viva voce a person of the same political party as such deceased or absent elector, to fill the vacancy occasioned thereby, and immediately after such choice the name of the person so chosen shall be transmitted by the presiding officer of the college to the Governor, who shall forthwith cause notice in writing to be given to such person of his election; and the person so elected (and not the person in whose place he shall have been chosen) shall be an elector and shall, with the other electors, perform the duties enjoined on them.

Section 1504. Compensation of Presidential Electors; Expenses of Electoral College.--Each presidential elector aforesaid, shall receive from the State Treasury the sum of three dollars for every day spent in traveling to, remaining at, and returning from, the place of meeting aforesaid, and shall be entitled to mileage at the rate of three cents per mile to and from his home, to be computed by the ordinary mail route between their homes and the place of meeting aforesaid. And the contingent expenses of the electoral college, not exceeding one hundred dollars in amount, shall likewise be paid by the State Treasurer, in both cases upon warrants drawn by the presiding officer of the college.

https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1937&sessInd=0&smthLwInd=0&act=320&chpt=15


And there is also this -

25 P.S. § 2878
§ 2878. Presidential electors; selection by nominees; certification; vacancies


The nominee of each political party for the office of President of the United States shall, within thirty days after his nomination by the National convention of such party, nominate as many persons to be the candidates of his party for the office of presidential elector as the State is then entitled to. If for any reason the nominee of any political party for President of the United States fails or is unable to make the said nominations within the time herein provided, then the nominee for such party for the office of Vice-President of the United States shall, as soon as may be possible after the expiration of thirty days, make the nominations. The names of such nominees, with their residences and postoffice addresses, shall be certified immediately to the Secretary of the Commonwealth by the nominee for the office of President or Vice-President, as the case may be, making the nominations. Vacancies existing after the date of nomination of presidential electors shall be filled by the nominee for the office of President or Vice-President making the original nomination. Nominations made to fill vacancies shall be certified to the Secretary of the Commonwealth in the manner herein provided for in the case of original nominations.
Credits
1937, June 3, P.L. 1333, art. IX, § 918.
25 P.S. § 2878, PA ST 25 P.S. § 2878
Current through 2020 Regular Session Act 95. Some statute sections may be more current, see credits for details.

https://govt.westlaw.com/pac/Document/NE7FF6540343011DA8A989F4EECDB8638?transitionType=StatuteNavigator&contextData=%28sc.Default%29


Apparently the problem that the media and some loons are latching onto is what I consider an obscure federal statue that says this -

3 U.S. Code § 2. Failure to make choice on prescribed day

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.
(June 25, 1948, ch. 644, 62 Stat. 672.)


https://www.law.cornell.edu/uscode/text/3/2


The full law that the above was taken from is here or here. (PDF)

I see nowhere how that would even apply for PA other than them obviously trying to manufacture a "failure", and it sounds to me in order to follow the "Republic" model (branch system) of government in all of the states, then doing what is noted in that federal statute seems to suggest something that implies an end-run around the governor but might actually assume some kind of legislation/resolution needing gubernatorial approval.
Latest Discussions»General Discussion»Can Republican State Legi...