Michigan operative sounds alarm re. Monday's MI Board of Canvassers meeting.

[RandySF]

Link to tweet

?s=21

Joe DiSano 🤘
@JoeDiSano
People need to get real to the almost certainty this Board of Canvassers meeting deadlocks and doesn’t validate the election result. Once that happens the seals are broken. It may be time to take to the streets Monday afternoon. Get ready.
2:39 PM · Nov 19, 2020·Twitter for iPhone
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[Thekaspervote]

1. Please read the link provided below!

All the legal options are on OUR side. These ppl really have no true power and may face serious legal trouble including fines and jail

The vote WILL be certified, it may be delayed, but it will be certified...READ THE LINK

https://www.michiganadvance.com/2020/11/10/courts-could-step-in-if-theres-a-deadlock-to-certify-bidens-election/

[UTUSN]

8. Thanks for that.

[StarfishSaver]

2. Who is this guy and why should I listen to him?

[RandySF]

4. 25+ years in Mi. politics and someone I know.

[StarfishSaver]

5. Ok for you

I'll go with the folks I know and trust.

[Thomas Hurt]

3. Okay so they deadlock, the law doesn't cover a fn tie? Come on...

Particularly if these tools have no rational basis or evidence to not certify, we are supposed to believe there is no recourse?

Even if MI goes to Trump, is that enough to get him to 270?

[StarfishSaver]

6. The law does cover a tie

And, even if somehow Michigan were to flip to Trump, he still doesn't get to 270.

But the politics of grievance is not limited to the GOP ...

.

[angrychair]

7. Well the other factor

Is the MI Republicans, MI speaker and Senate Majority Leader, that ran to DC when trump snapped his fingers. They didn't go at a moments notice to see the sites.

The worry is that if they can get MI Republicans to throw in their lot with trump the others needed will follow (like PA and GA) than trump win or it throws it to the House and then they give it trump.

No, its not a likely outcome but it is a possible outcome.

[Sugarcoated]

10. For the millionth time

In PA, and I believe MI, Republicans can't/don't pick, nor can they change electors. Electors are already chosen and they're all Biden backers. Any changes to this would have to go through the Dem governors

[StarfishSaver]

12. Sigh

[angrychair]

14. Chris Hayes

Had a guy on tonight that has played out these situations n an article he did and that is not exactly what the Constitution says, it implies that state legislatures have the power to name electors and SCOTUS has insinuated that that power is absolute and can be taken by the legislatures to use at any time, no matter what state laws say.
Yes, its unlikely. Yes, its extreme. But trump doesn't care nor does his cult following.

Everything hinges on the integrity and ethics of those in republican controlled state legislatures.
That is the thin line between a Democratic Republic and a totalitarian dictatorship.

[StarfishSaver]

19. Read the federal law on this

The electors are selected on Election Day. State legislatures cannot undo those selections retroactively.

[uponit7771]

24. Can Republicans change those laws per state?

[DeminPennswoods]

26. Exactly

Don't know how it is in other states, but the small print on the ballot in PA states that you are voting for the electors of the candidate you choose, not the specific candidate.

[DeminPennswoods]

25. Gellman has really done everyone a disservice with

that article in The Atlantic. Gellman has a stellar reputation as a reporter, but he is neither a constitutional scholar nor a lawyer. His speculation here is a blemish on that, imho.

[StarfishSaver]

31. So true

He got people all ginned up and now, after reading it, people think they're constitutional experts - and think actual constitutional scholars and other election law experts don't know what they're talking about.

[DeminPennswoods]

33. Ron Brownstein, an excellent reporter himself,

is now one of the editors at The Atlantic. He should never have allowed this highly speculative piece to be published.

[Rice4VP]

20. If there's a tie, it goes to the AG, who is also

a Democrat. This is what the Secretary of State said in an interview

[reggaehead]

9. Everything I've read

Says they would have to make a new law. Subject to veto by the Governor. I won't lose sleep over this until I have to.

[dware]

11. And even if they did make a new law,

it wouldn't apply to this election, it's not retroactive.

[StarfishSaver]

13. I think some people just aren't happy unless they have drama

The same thing happened two weeks ago when folks were carrying on about the networks not calling Pennsylvania.

The GOP hasn't cornered the market on grievance politics.

[angrychair]

15. Its not drama, its the Constitution

The Constitution says that state legislatures have the power to name electors and SCOTUS has insinuated that that power is absolute and can be taken by the legislatures to use at any time, no matter what state laws say.
Yes, its unlikely. Yes, its extreme. But trump doesn't care nor does his cult following. Its unlikely but not impossible.

Everything hinges on the integrity and ethics of those in republican controlled state legislatures.

[StarfishSaver]

16. No, it's not the Constitution

The Constitution does NOT give state legislatures the power to retroactively give itself election laws.

And, no, the Supreme Court has NOT ever held or even "insinuated" that state legislatures' power to enact election laws "is absolute and can be taken by the legislatures to use at any time, no matter what state laws say."

[angrychair]

21. Not necessarily true

Article II, sec I

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors,

Yes, there can be all kind of arguements made how republican state legislatures cannot change election law and electors after the fact. Nothing physically stops them from trying and getting the fight to SCOTUS and leveraging that 6-3 majority.
Not saying its likely but to say its impossible is to underestimate the commitment of trump and his cult.

[Hermit-The-Prog]

22. July 6, 2020 SCOTUS rules states can bind electoral votes ( eliminate 'faithless electors' )

https://www.usnews.com/news/politics/articles/2020-07-06/supreme-court-rules-states-can-bind-electoral-college-representative-votes

Michigan law prohibits faithless electors.

[angrychair]

23. I get it

I understand its unlikely, maybe impossible.

But to underestimate the commitment of people willing to stand before a national audience and commit to a theory that a Venezuelan leader that died 7 years ago is part of a vast conspiracy to steal the election from trump in 2020 is a level of commitment that should never be taken for granted or ignored.

That is really my only point.

[BumRushDaShow]

28. Both MI and PA have DEMOCRATS for Governors

so even if their GOP state legislatures changed the law, after the fact, to apply "retroactively', it would be vetoed by the governors. And thanks to the 2018 blue tsunami, not one state in the U.S. with a GOP majority state legislature, has a super-majority to override a veto.

AND here in PA, the state Supreme Court is MAJORITY Democratic, and would throw such bullshit right out even if some spirit "possessed" Tom Wolf, transforming him into a zombie governor who signed such a travesty. And this is a state where our state Supreme Court, literally on its own, actually re-drew the gerrymandered Congressional lines here in 2018 to comply with the state Constitution, and that took our Congressional delegation from 13 (R) - 5 (D) to 9 (R) - 9 (D), and their doing so was upheld by the SCOTUS.

[NutmegYankee]

30. Similar to "Congress shall make no law" in the 1st Amendment.

Because legislatures make laws. But it doesn’t empower them to violate their own state constitution, which requires a governor’s signature to pass a law nor in Michigan can they make an Ex Post Facto law.

[StarfishSaver]

32. The Constitution gives legislatures power to determine the MANNER of selection

But they don't determine WHEN the electors are chosen. That is governed by Congress in 3 U.S.C. §1, which sets the first Tuesday after the first Monday in November as the day electors are chosen.

Legislators determine the manner in which those elections are conducted - e.g. who oversees elections, how the boards of elections are set up, who can vote, registration deadlines, absentee ballot requirements and deadlines, polling place hours, how the votes are counted, etc. But once the election takes place and voters select the electors, they can't go back and change that selection.

[Orange Buffoon]

17. Even in the far-fetched scenario of Trump somehow getting Michigan and Pennsylvania

to flip, that still only gets him to 268. Georgia, Nevada, and Arizona seem like they're in good hands. Wisconsin has Democratic leadership although a repug assembly.

[BumRushDaShow]

27. "Wisconsin has Democratic leadership although a repug assembly."

Pennsylvania ALSO has "Democratic leadership" (Tom Wolf (D)), and a "repug assembly", BUT we have a majority-Democratic State Supreme Court too - 5 (D) - 2 (R), which Wisconsin doesn't have, and is why the GOP loons keep losing in our state Supreme Court.

And the irony here is that PA and MI have the largest vote margins compared to the other flipped states.

[Indykatie]

18. We're Winning in the Court Rooms. I See No Need to Take to the Streets. n/t

[Kaleva]

29. The matter goes to court and as explained earlier in this thread, things look good for us.