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Fri Nov 20, 2020, 05:12 PM

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

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:

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