The2ndAmendment
Gold Member
Call him Nostradamus, even though it's a Pro Biden slant.
Navigating a Contested Election, the Electoral Count Act and 12th Amendment: How to Ensure a Fully Counted Outcome
"Unconventional threats to a free and fair election may require unconventional but lawful and legitimate tactics to preserve the constitutional order."
www.justsecurity.org
There are now many well documented threats to a free and fair election this year. Prominent among them are the danger that a seasonal spike of COVID-19 will coincide with the traditional flu cycle in October, overwhelming medical response capacity and adversely impacting in-person voting on November 3rd; the risk that deliberate changes to the postal service (currently ordered reversed by a federal court) will result in a tide of “too late to be counted” mail-in ballots; threats of cyber interruption to voter registration, voter validation, and ballot counts; and, most threatening of all, scenarios of presidential abuse of emergency and other executive powers to disrupt the vote or the count.
Imagine that on election night and the following morning President Trump is leading in all four states. To illustrate the potential turmoil, consider just Pennsylvania (with 20 electoral votes) and Michigan (with 16), both of which are likely critical to either candidate’s election path this year. As the count continues in those states Trump’s lead shrinks precipitously, but he is still ahead in both states on December 8. The Electoral Count Act’s “safe harbor” provision on its face would seem to require the counting to have been concluded, electors to have met, and any state legal disputes to have been settled by that date if congressional respect for that resolution is to be ensured. Nonetheless, electors for Trump meet and cast votes for him even though the count continues while litigation (e.g., about the count, or about the electors’ meeting) ensues and persists.