Case Law on State Legislatures Controling EC Delegate Slate

[JimBowie1958]

This is fairly plain from McPherson vrs Blacker and Bush v Gore, the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

Horowitz: How Republican-controlled state legislatures can rectify election fraud committed by courts and governors

By the proper power our Constitution gives them

www.theblaze.com

"The Electors are to be appointed by each State, and the whole direction as to the manner of their appointment is given to the State Legislatures," said Pinckney during a Senate debate. "Nothing was more clear … that Congress had no right to meddle with it at all; as the whole was entrusted to the State Legislatures, they must make provision for all questions arising on the occasion." ​

​

Technically, this means that state legislatures could even appoint electors and completely avoid or cancel out popular election ballots we have today, at least for the president and vice president. This was the practice in some states in the early days of the republic. As Justice Joseph Story wrote in his 1833 "Commentaries on the Constitution," state legislatures choosing the electors themselves "has been firmly established in practice, ever since the adoption of the constitution, and does not now seem to admit of controversy, even if a suitable tribunal existed to adjudicate upon it."​

​

Indeed, in 1892 (McPherson v. Blacker), in upholding Michigan's practice of dividing the state's electors by congressional district (as done today in Maine and Nebraska), the Supreme Court wrote, "The legislature possesses plenary authority to direct the manner of appointment, and might itself exercise the appointing power by joint ballot or concurrence of the two houses, or according to such mode as it designated." In Bush v. Gore, the high court reiterated that any state legislature "may, if it so chooses, select the electors itself."​

​

Obviously, none of us wants to abolish popular elections, but why would the Constitution even grant state legislatures such power? Well, the framers understood that, unlike Congress, these are the bodies that are closest and most accountable to the people, and unlike judges or executives (state or federal), they are numerous in a deliberative body and won't wield unilateral authority without some degree of consensus.​

​

By overriding the legislatures in how to properly conduct the popular elections that choose these presidential electors, the courts and governors have disenfranchised their voters. A Michigan court extended Election Day for two weeks. A Pennsylvania court, along with the Democrat secretary of state, essentially nullified signature verification for mail-in ballots.​

​

Thus, if there is ample evidence of voter fraud that would be sufficient to alter the will of the people through this popular election, it is incumbent upon the state legislatures in those states to reclaim their authority over the Electoral College and rectify the fraud that has upended our election process.​

 

[Bootney Lee Farnsworth]

the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

And held responsible if they do jack shit.

They better get this motherfucker right.

 

[mamooth]

Sore-losers are funny when they make up crazy legal theories as a last-ditch effort to keep their fascist coup alive.

 

[JimBowie1958]

the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

And held responsible if they do jack shit.
They better get this motherfucker right.

Yeah, the thing is, we are only getting partial information.

Like where is Gina Haspel? People are saying she is arrested or dead or held in some secret detention cell flipping on the Deep State. We have no idea, but I cant find an article showing her anywhere after November 15.

How likely is it that any of these state legislatures will actually pull thhe trigger? All they have to do is pass a joint resolution saying that they do not have confidence that the election was fair and valid, and that they will designate the EC Delegate slate. Sounds simple, doesnt it? I mean what rational person can say that this Dominion crap is secure while it was open to the internet and there was no validation of the signatures?

They would be committing perjury to certify.

 

[JimBowie1958]

States' Electoral College clawback plans gaining momentum

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum. A resolution proposed by lawmakers in Pennsylvania was just finished and explains that 'numerous...

zpatriot.com

​

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum.​

​

A resolution proposed by lawmakers in Pennsylvania​

and explains that “numerous illegal acts” in the 2020 election have been “ignored” by the governor, secretary of state and certain election officials.​

​

So, the lawmakers propose that the General Assembly “takes back and reserves the power to designate presidential electors for the Commonwealth of Pennsylvania for the December 2020 meeting of the Electoral College and withdraws any prior statement or direction to the contrary given by the General Assembly or any other official or body.”​

​

There now are two states where this movement is developing. Just this week a lawmaker in Arizona announced plans to reclaim control over the appointment of Electoral College electors – and for whom they cast their votes later this month.​

​

The most recent commitment was made by Arizonan Rep. Mark Finchem during a hearing on vote fraud that was held on Monday.​

​

The National File reports he said, “We are clawing our Electoral College votes back, we will not release them. That’s what I’m calling our colleagues in both the House and the Senate to do. Exercise our plenary authority under the U.S. Constitution.”​

​

That founding document actually assigns to state legislators the authority to determine the procedures for casting state Electoral College votes, the body that meets in December to actually elect a president.​

​

Most states have set up procedures to simply assign those electors based on the outcome of the popular vote, but that is not required.​

 

[Devils_Advocate]

States' Electoral College clawback plans gaining momentum

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum. A resolution proposed by lawmakers in Pennsylvania was just finished and explains that 'numerous...

zpatriot.com

​

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum.​

​

A resolution proposed by lawmakers in Pennsylvania​

and explains that “numerous illegal acts” in the 2020 election have been “ignored” by the governor, secretary of state and certain election officials.​

​

So, the lawmakers propose that the General Assembly “takes back and reserves the power to designate presidential electors for the Commonwealth of Pennsylvania for the December 2020 meeting of the Electoral College and withdraws any prior statement or direction to the contrary given by the General Assembly or any other official or body.”​

​

There now are two states where this movement is developing. Just this week a lawmaker in Arizona announced plans to reclaim control over the appointment of Electoral College electors – and for whom they cast their votes later this month.​

​

The most recent commitment was made by Arizonan Rep. Mark Finchem during a hearing on vote fraud that was held on Monday.​

​

The National File reports he said, “We are clawing our Electoral College votes back, we will not release them. That’s what I’m calling our colleagues in both the House and the Senate to do. Exercise our plenary authority under the U.S. Constitution.”​

​

That founding document actually assigns to state legislators the authority to determine the procedures for casting state Electoral College votes, the body that meets in December to actually elect a president.​

​

Most states have set up procedures to simply assign those electors based on the outcome of the popular vote, but that is not required.​

Want to make another bet that on December 14th 2020 Joe Biden will win the Electoral College Vote and on January 20th 2021 Biden will be sworn in as President?

If I win you must admit that I was correct this whole time by writing a thread dedicated to me and if I lose I will write one about how you knew better than me and it will be dedicated to you...

So you want to bet?

 

[White 6]

the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

And held responsible if they do jack shit.
They better get this motherfucker right.

Yeah, the thing is, we are only getting partial information.

Like where is Gina Haspel? People are saying she is arrested or dead or held in some secret detention cell flipping on the Deep State. We have no idea, but I cant find an article showing her anywhere after November 15.

How likely is it that any of these state legislatures will actually pull thhe trigger? All they have to do is pass a joint resolution saying that they do not have confidence that the election was fair and valid, and that they will designate the EC Delegate slate. Sounds simple, doesnt it? I mean what rational person can say that this Dominion crap is secure while it was open to the internet and there was no validation of the signatures?

They would be committing perjury to certify.

She was director of CIA. She could be anywhere. For all we know, you're Gina Haspel. How ya doin?

 

[candycorn]

the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

And held responsible if they do jack shit.
They better get this motherfucker right.

Yeah, the thing is, we are only getting partial information.

Like where is Gina Haspel? People are saying she is arrested or dead or held in some secret detention cell flipping on the Deep State. We have no idea, but I cant find an article showing her anywhere after November 15.

How likely is it that any of these state legislatures will actually pull thhe trigger? All they have to do is pass a joint resolution saying that they do not have confidence that the election was fair and valid, and that they will designate the EC Delegate slate. Sounds simple, doesnt it? I mean what rational person can say that this Dominion crap is secure while it was open to the internet and there was no validation of the signatures?

They would be committing perjury to certify.

"Committing perjury to certify...."

In the legions of ridiculous bullshit you've posted this is probably your crowning achievement.

 

[JimBowie1958]

States' Electoral College clawback plans gaining momentum

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum. A resolution proposed by lawmakers in Pennsylvania was just finished and explains that 'numerous...

zpatriot.com

​

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum.​

​

A resolution proposed by lawmakers in Pennsylvania​

and explains that “numerous illegal acts” in the 2020 election have been “ignored” by the governor, secretary of state and certain election officials.​

​

So, the lawmakers propose that the General Assembly “takes back and reserves the power to designate presidential electors for the Commonwealth of Pennsylvania for the December 2020 meeting of the Electoral College and withdraws any prior statement or direction to the contrary given by the General Assembly or any other official or body.”​

​

There now are two states where this movement is developing. Just this week a lawmaker in Arizona announced plans to reclaim control over the appointment of Electoral College electors – and for whom they cast their votes later this month.​

​

The most recent commitment was made by Arizonan Rep. Mark Finchem during a hearing on vote fraud that was held on Monday.​

​

The National File reports he said, “We are clawing our Electoral College votes back, we will not release them. That’s what I’m calling our colleagues in both the House and the Senate to do. Exercise our plenary authority under the U.S. Constitution.”​

​

That founding document actually assigns to state legislators the authority to determine the procedures for casting state Electoral College votes, the body that meets in December to actually elect a president.​

​

Most states have set up procedures to simply assign those electors based on the outcome of the popular vote, but that is not required.​

Want to make another bet that on December 14th 2020 Joe Biden will win the Electoral College Vote and on January 20th 2021 Biden will be sworn in as President?

If I win you must admit that I was correct this whole time by writing a thread dedicated to me and if I lose I will write one about how you knew better than me and it will be dedicated to you...

So you want to bet?

No, were I to bet that Trump or Biden would come out of this as POTUS in 3 months and had to bet the residence, I could not rationally bet on Trump being the POTUS come March 15.

But I just have a strong hunch Trump will pull this out. IT is plausible and Trump wins competitive clashes like this far too often for me to bet against him.

 

[B. Kidd]

the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

And held responsible if they do jack shit.

They better get this motherfucker right.

They're not worried.

 

[BlindBoo]

In Chiafalo, however, the Supreme Court unanimously resolved that history had overtaken the Framers’ design. Nine justices agreed that even if the Framers had assumed that “electors” would be free to cast a vote however they chose, an emerging presumption of democratic control had displaced that original design. Whatever they originally expected, the court held, there was nothing in their words that constrained the power of the state to ensure that it was the choice of the people that would ultimately decide how the electors would vote. Elector discretion had been displaced by democracy. “Here,” as Justice Elena Kagan wrote in the closing line of her opinion, “[w]e the people rule.”

If the electors have lost their superpowers to an emerging democratic consensus, then legislatures must have lost them as well. It would be a complete perversion of the Framers’ design to remove the constitutional discretion of electors but accept a constitutionally unconstrained power in the state legislatures. The framers expressly decided against that obviously corrupt design: “You want Pennsylvania’s electoral votes? How about more tariffs for steel?” And if the justification for ignoring their choice in Chiafalo was democracy, that same justification must now mean that the legislatures have no special power to deviate from the choice of the people, at least once that choice is made. If “the people” constrain the electors, so too must “the people” constrain the legislatures.

Applied in a principled way, Chiafalo changes the scope of any legislative superpower. Maybe in the context of the precise question raised in Bush v. Gore, there remains a presumption in favor of legislative text over judicial constructions of that text. But Chiafalo must mean that state legislatures cannot now act against the vote of the people any more than presidential electors can.

State Legislatures Can’t Ignore the Popular Vote in Appointing Electors

The Supreme Court has unanimously undercut the core premise to this argument.

www.lawfareblog.com

 

[JimBowie1958]

the state legislators can do anything that they damned well want, knowing that they will have to face the voters and be held responsible for it.

And held responsible if they do jack shit.
They better get this motherfucker right.

They're not worried.

The foxes are usually not worried when guarding the hen house.

 

[Devils_Advocate]

States' Electoral College clawback plans gaining momentum

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum. A resolution proposed by lawmakers in Pennsylvania was just finished and explains that 'numerous...

zpatriot.com

​

The movement by state legislators, who are designated by the U.S. Constitution as the ones who must designate Electoral College votes from their states, to claw back that power is gaining momentum.​

​

A resolution proposed by lawmakers in Pennsylvania​

and explains that “numerous illegal acts” in the 2020 election have been “ignored” by the governor, secretary of state and certain election officials.​

​

So, the lawmakers propose that the General Assembly “takes back and reserves the power to designate presidential electors for the Commonwealth of Pennsylvania for the December 2020 meeting of the Electoral College and withdraws any prior statement or direction to the contrary given by the General Assembly or any other official or body.”​

​

There now are two states where this movement is developing. Just this week a lawmaker in Arizona announced plans to reclaim control over the appointment of Electoral College electors – and for whom they cast their votes later this month.​

​

The most recent commitment was made by Arizonan Rep. Mark Finchem during a hearing on vote fraud that was held on Monday.​

​

The National File reports he said, “We are clawing our Electoral College votes back, we will not release them. That’s what I’m calling our colleagues in both the House and the Senate to do. Exercise our plenary authority under the U.S. Constitution.”​

​

That founding document actually assigns to state legislators the authority to determine the procedures for casting state Electoral College votes, the body that meets in December to actually elect a president.​

​

Most states have set up procedures to simply assign those electors based on the outcome of the popular vote, but that is not required.​

Want to make another bet that on December 14th 2020 Joe Biden will win the Electoral College Vote and on January 20th 2021 Biden will be sworn in as President?

If I win you must admit that I was correct this whole time by writing a thread dedicated to me and if I lose I will write one about how you knew better than me and it will be dedicated to you...

So you want to bet?

No, were I to bet that Trump or Biden would come out of this as POTUS in 3 months and had to bet the residence, I could not rationally bet on Trump being the POTUS come March 15.

But I just have a strong hunch Trump will pull this out. IT is plausible and Trump wins competitive clashes like this far too often for me to bet against him.

He’s not going to win anything when it come to this election.

In 12 days the Electoral College will close the book and either Trump and his voting base will have to accept it or live in denial.

Now Jim you can look at my past comments under Bruce T. Laney and under this name and notice I never was sold on the Russian bullshit and always stated Jill Stein was the Russian whore in this game, so just remember I am fair and I look at reality of things and Trump is not going to be President on January 21st 2020 and Biden will win the Electoral College Vote and that will be the end of the matter...

 

[JimBowie1958]

He’s not going to win anything when it come to this election.

He has already won 28ish states with a good probability of more to come.

just hold on to your seat, Pajama Boy