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Fri Nov 20, 2020, 04:12 PM

State Legislatures Don't Have the Power to Subvert the Election for Trump (Ari Berman)

State Legislatures Don’t Have the Power to Subvert the Election for Trump
Trump’s new strategy to undermine the will of the voters is illegal and doomed to fail.
By Ari Berman, Mother Jones

After losing nearly every major legal case seeking to throw out ballots cast for Joe Biden in key states, the Trump campaign has pivoted to a new strategy: seeking to persuade GOP-controlled legislatures in states like Michigan and Pennsylvania to nullify Biden’s victory and appoint their own electors for Trump. The Republican leaders of Michigan’s legislature have been summoned to the White House on Friday to discuss this plan.

Such a move would not only be a breathtaking nullification of the will of the voters without parallel in American democracy, it is almost certainly illegal and unconstitutional.

“No state legislature in our country’s history ever has done with Donald Trump is apparently agitating for the Michigan state legislature to do, which is to ignore the results of a popular vote election and wrest control from the voters,” Biden campaign lawyer Bob Bauer said on a press call Friday. “The Constitution does not permit a state legislature to do what Donald Trump wants the Michigan state legislature to do.”

Berman proceeds to point out the most significant flaws in the Trump scheme:
  • State legislatures have no authority over how election results are certified

  • State electors must be based on the popular vote

  • State legislature can only appoint their own electors if voters “failed to make a choice”

  • Governors have the authority to override state legislators
More detail for each of these points at link:
https://www.motherjones.com/politics/2020/11/state-legislatures-dont-have-the-power-to-subvert-the-election-for-trump/

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Reply State Legislatures Don't Have the Power to Subvert the Election for Trump (Ari Berman) (Original post)
klook Nov 2020 OP
StarfishSaver Nov 2020 #1
Thekaspervote Nov 2020 #2
klook Nov 2020 #4
StarfishSaver Nov 2020 #5
Cha Nov 2020 #3
WyLoochka Nov 2020 #6

Response to klook (Original post)

Fri Nov 20, 2020, 04:15 PM

1. Thank you

This has been explained ad nauseam, to no avail. Maybe this will convince people.

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Response to StarfishSaver (Reply #1)

Fri Nov 20, 2020, 04:20 PM

2. Hope so.. it would be really nice

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Response to StarfishSaver (Reply #1)

Fri Nov 20, 2020, 04:52 PM

4. Panic is a leading form of aerobic exercise for many DUers.


I'm somewhat susceptible myself, but I find Bob Bauer, Ari Berman, and others who say there is no path for Trump at this point pretty convincing.

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Response to klook (Reply #4)

Fri Nov 20, 2020, 04:56 PM

5. An initial sense of panic is understandable

But the refusal to even consider any information or perspective that assuages that fear and the insistence on maintaining that heightened sense of panic regardless what they're told is another

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Response to klook (Original post)

Fri Nov 20, 2020, 04:44 PM

3. Maybe those who thought this

was the case will believe it now?

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Response to klook (Original post)

Fri Nov 20, 2020, 05:18 PM

6. That criminal is not the boss of state legislators

Jerks, flying off to Washington as if they had to take an order from him. Disgusting.

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