I have written previously about how state legislatures are given absolute power over selection of the electors in their state and how they can remedy failure to follow election law by directly selecting electors. In my second article, I talked about the deadlines for selecting electors and what would happen if two sets of electors meet and vote on December 14, and send their results to the President of the Senate.
As I watch the hearings in the various state legislatures where evidence of fraud in particular states is presented, I think it possible that several state legislatures who have the ability to call out and correct fraud in their elector selection process may not be willing to do so before the date the electors vote on December 14. I am also thinking that when the integrity of the election, the future of the liberty of Americans, and even the future of our republic is at stake, every avenue for victory for integrity and liberty should be pursued. And I have looked to history for guidance.
One of the reasons why I think state legislatures may be hesitating to do their duty is that they do not think they have gotten enough evidence on what happened in the count in their state. And if they feel that way, time may not permit them to get enough information so that they feel comfortable acting before the day that electors vote on December 14.
But there may be enough time to get the information they need before January 6, 2021 when the new Senate and House meet jointly to watch the President of the Senate (which will be current Vice President Mike Pence) open the envelopes from the electors in each state and count them.
It occurs to me that one way to give the state legislatures time to do their research and still make a decision before the votes are counted on January 6 is for the GOP electors in the states where there is reasonable doubt about the tallied “results” to independently meet on December 14, cast their votes for President Trump, then send in their results to the President of the Senate. If the Democrat electors have also voted on December 14 and submitted their results to the President of the Senate, he (and the Congress) will have to decide which slate to count.
Current federal law (3 U.S.C. 5-6) says that when two votes are delivered to the President of the Senate, the vote that has been certified by the governor of the state will be counted. But, if before January 6, the state legislature declares that the results that were certified by the governor are so questionable that they must be de-certified and to remedy that they appoint the Trump electors, then that will set up a constitutional challenge of the federal statute on that matter which will likely prevail.
That is because the state legislatures have unquestioned, unreviewable power to pick the electors from their state.
The independent vote on December 14 by Trump electors and the transmission of those results will give the state legislature more time to make their decision.
Of course, those who care about stopping the theft of our election integrity and our liberty should be contacting the state legislators in the in-play states, especially the GOP legislators in Pennsylvania, Michigan, Georgia, Arizona, and Wisconsin to get them to act before December 14. But I also think we should be talking to the electors chosen by the Republican Party in those states to encourage them to independently vote on December 14 and submit the vote to the President of the Senate, even if they are not certified by their governor on that date, to give their state legislatures more time to do the right thing.
For those that are taken aback by the boldness of this proposal, I note that in the election of 1876 between Republican Rutherford Hayes and Democrat Samuel Tilden, multiple states submitted two slates of electors with widespread reports of intimidation and corruption against the Democrats, and Congress had to decide which slate to choose. That is why the federal statutes about dual slates were written. This is not an unprecedented situation. In 1876, the Democrat corruption and intimidation was defeated, but it did not get settled until well after the opening of the votes in the joint session of Congress. And it was able to be resolved that way because Republicans submitted their own elector votes to compete with Democrat elector votes.
1876 Republican victor, Rutherford B. Hayes, saved by competing elector slates
I believe that a determined assault on everything we hold dear in our Republic deserves a determined resistance. I urge those who feel the same way to pass on this idea to those who have the ability to act upon it.