Issues & Insights

We Must Rely Upon State Legislators In Vote-Contested States To Choose Presidential Electors

Since November 3rd, each new day has uncovered ever more disturbing revelations of voter irregularities, improbable election processes, questionable official actions and statistical impossibilities all curiously confined to the six largest Democrat-controlled cities in the 5 most closely contested states. 

Legal challenges are awash in affidavits and sworn testimony from election officials, poll watchers and postal employees attesting to aberrant, even criminal, mishandling of voting practices and procedures.  These eyewitness accounts are piling up fast and are damning.

As Joseph Stalin once infamously quipped about Soviet elections, “It’s not who votes that counts, but who counts the votes”.  Looking at the 2020 Presidential contest, we cautiously recall his point, but are grateful to report the U.S. Constitution has an answer.

Rasmussen recently tweeted the improbability of this election’s curious voting patterns when he reported that Biden significantly underperformed 2016 Hillary in every major metro area across the nation except Milwaukee, Detroit, Atlanta and Philadelphia.  In these big swing state cities — all run by Democrats — the total vote exceeded the number of registered voters.  That’s some fancy vote counting.

Furthermore, Pennsylvania, Georgia, Michigan and Wisconsin, which were posting significant wins for Donald Trump on election night, all mysteriously halted their vote tabulations in the bewitching hours only to suddenly resume later that same morning with outrageously improbable Biden gains.  Some vote “dumps” even reporting 100% for Biden and no votes for anyone else, confounding voting experts who warn that never happens in “real-life”.  Clever counting, indeed.

Now we are discovering alarming news about an international corporation called Dominion, which has an unclear and strange role in tabulating our presidential vote, apparently on servers physically located in Germany and Spain.  What?  Beyond the obvious questions about why any U.S. elections are counted internationally, especially for president, who are these people and for whom do they work?

And that doesn’t even begin to account for national vote trends, which resulting in Republicans holding every one of its incumbent seats in the House, while picking up a dozen new freshmen cutting severely into Pelosi’s now tenuous hold on the office of Speaker, while the Senate is holding its majority.  Meanwhile, Republicans picked up three state legislative chambers along with an additional governorship.  How does it happen that Trump had significant coattails with no coat?  Preposterous.

It’s historically rare that vote fraud and recounts turn around most elections, especially statehouse, congressional, or even the occasional U.S. Senate or state governor’s race.  But it does happen (most recently, interestingly enough, in Pennsylvania).  Yet trends like this nationally present a much wider and more distinctive outlook at reversal.  Considering all the evidence, it’s unlikely to believe Mr. Trump wasn’t brazenly cheated out of this election.

For now, Team Biden and the fake-news media demand President Trump concede the election and immediately begin to transfer power to Biden and his minions.  Not only is there no provision in law for “concessions”, it’s apparent the left is pretending the Constitutional provisions outlining the state legislature’s final authority over the Electoral College doesn’t — or shouldn’t — apply.

Typically, the presidential candidate who wins each state’s popular vote wins that state’s slate of electors, but that is not the only means by which a president is elected.  In fact, it’s not even the original design as inspired by the Framers of the Constitution.

Article 2 of the U.S. Constitution specifically vests all power to appoint presidential electors to each state legislature.  Over time, those bodies have statutorily ceded that authority to each major party’s slate of electors, certainly not the courts nor the national news corporations. 

But we are to believe, based on uncertain models developed by cable news desks, that Biden has won.  No questions asked.  Be quiet, accept it, and obey.  Now is the “time to heal”!!  But not so fast.

The Republican majorities in each of those five state legislatures have a key Constitutional role to play in making sure the people’s actual will, as expressed in a true count of the ballots, is protected.  They have a duty, indeed an obligation, to ensure the right outcome is advanced on December 14th, the deadline for states to report their electoral votes to Congress. 

Considering all the evidence, it’s clear that these legislative bodies — and they alone — hold the rightful responsibility to specify the Electors.  They are the ultimate people’s representatives and have a sacred task this year central to preserving the Republic.

Lew Uhler is founder and chairman of the National Tax Limitation Committee and National Tax Limitation Foundation (NTLF). He was a contemporary and collaborator of Ronald Reagan and Milton Friedman in California and across the country.

Peter Ferrara is a Senior Fellow of NTLF. He served as a member of the White House of Policy Development under President Reagan, as Associate Deputy Attorney General of the United States under President George H.W. Bush, and as the Dunn Liberty Fellow in Economics for Kings College in New York.

Joseph Yocca currently serves as Executive Policy Director for the National Tax Limitation Foundation.  A longtime political and public policy consultant, Joe served in the California State Senate as Chief of Staff to the Republican Leadership for decades and directed numerous statewide, state legislative and congressional campaigns throughout his career.

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