General Discussion

wnylib

(23,812 posts)

59. They are certified separately at the state level.

Thu Aug 15, 2024, 07:04 AM

Aug 15

Paragraph 5 in the following link states that separate certifications are given by the states for the president than for the members of Congress. So a state might certify the election of a Republican House member, but refuse to certify the election of a Democratic president. Or any possible combination of those separate certifications.

If a Democrat wins a seat in the House or Senate, the state might refuse to certify that election result but certify the state's EC votes for the Republican presidential candidate. Wyoming would be an example where a very red state would certify its citizens' choice of Trump, but could separately refuse to certify the election of Democratic Senator Tester. I am NOT saying that they would do that, only that it is possible due to the certification of Congressional offices at the state level being different from the process of certifying presidential EC votes.

https://www.democracydocket.com/analysis/after-election-day-the-basics-of-election-certification/

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Something isn't right [View all] angrychair Aug 13 OP

They need to be told in no uncertain terms that failure to certify without court admissible evidence will... yourout Aug 13 #1

Who is responsible for ensuring they're officially on notice? ariadne0614 Aug 13 #6

It's a federal election so I would think the federalys should have some say in it yourout Aug 13 #11

State law governs pat_k Aug 13 #42

Federal law also governs BrianTheEVGuy Aug 14 #45

The federal government can get involved. wnylib Aug 15 #67

Do you know if there has pat_k Aug 15 #68

I don't know of any challenges to the Georgia law. wnylib Aug 15 #69

As Breyer put it in his dissent to Bush v. Gore, pat_k Aug 15 #70

But when members of Congress are part of the coup, wnylib Aug 15 #71

Garland? Emile Aug 13 #37

Maybe if Biden replaces Garland Nov 6. bucolic_frolic Aug 13 #10

Ha ha, you're not wrong! Frasier Balzov Aug 13 #40

Here are the actual state laws and consequences: Fiendish Thingy Aug 13 #32

Biden has a lot of immunity now Fullduplexxx Aug 13 #2

Good point angrychair Aug 13 #4

THIS FalloutShelter Aug 13 #13

And NOTHING to lose shelshaw Aug 13 #14

Joe Would Sacrifice his Life for Democracy Beetwasher. Aug 13 #15

Immunity does equal impunity Fiendish Thingy Aug 13 #31

You can bet they have not made arrangements for stealing in what they thought rzemanfl Aug 13 #3

They've made arrangements to throw everything into chaos BEFORE any new Congress is seated.... Think. Again. Aug 13 #16

The newly elected members of Congress will not be seated if their votes are not certified. wnylib Aug 13 #19

Enough will be seated to elect Jefferies the new speaker Fiendish Thingy Aug 13 #29

That's a relief. wnylib Aug 13 #43

Doesn't that apply to the re-elected as well? rzemanfl Aug 14 #46

I think it would apply to any persons whose win would be challenged MAGAs. by wnylib Aug 14 #48

I would think certification applies to everything on the ballot, not races they cherry pick. rzemanfl Aug 14 #49

But each certification is done separately. wnylib Aug 14 #55

Not at the county and state level. rzemanfl Aug 14 #57

They are certified separately at the state level. wnylib Aug 15 #59

I was unaware of the "ascertainment" wrinkle. rzemanfl Aug 15 #60

Unfortunately, MAGAs are very much aware of this possibility and plan to make use of it wnylib Aug 15 #61

In this election, all the states are in play. rzemanfl Aug 15 #62

I don't know how this will play out, anciano Aug 13 #5

Unprecedented perhaps, but not totally uncharted Fiendish Thingy Aug 13 #26

Trump is doing the best he can servermsh Aug 13 #7

Fortunately, Joe is President. Anything that really stinks won't fly. In a legitimate coup attempt, Biden can do exactly brewens Aug 13 #8

I suspect they plan to put the Blue Wave in question, we might not have any idea of what the final numbers are. Think. Again. Aug 13 #20

Yes, he's very smug. It's either Blitzkrieg in October, or exactly as you say bucolic_frolic Aug 13 #9

A couple of days ago, NPR reported cyclonefence Aug 13 #12

Yes, the ABA, Marc Elias and hundreds, if not thousands, of lawyers to counter the RW attempt MarineCombatEngineer Aug 13 #17

Trump is the Most Intensely Surveilled Individual on Earth Beetwasher. Aug 13 #18

I disagree with Joy. madaboutharry Aug 13 #21

That part I get angrychair Aug 13 #25

In my state of AZ, if an election official refuses to certify, MarineCombatEngineer Aug 13 #39

Welp, personally, I won't stand for that. CanonRay Aug 13 #22

That could be part of it. Demobrat Aug 13 #23

Non-certification of votes doesn't trigger a contingent election in the house Fiendish Thingy Aug 13 #24

I appreciate the information angrychair Aug 13 #30

At least now you will be anxiously well informed. Nt Fiendish Thingy Aug 13 #33

That's my understanding of the process as well. Hugin Aug 14 #47

They won't just rely on the consciences of the election officials...TSF operatives will have to give them wiggs Aug 15 #63

Read the CREW report to see what has already been done to thwart the disruptors Fiendish Thingy Aug 15 #64

The CREW report recognizes that the threat exists, which is what the OP also says, and recommends wiggs Aug 15 #65

The report also outlines what *has* already been done and has been effective in stopping disruptors Fiendish Thingy Aug 15 #66

*Slap to your face*. "Snap out of it", (via Cher in Moonstruck) a kennedy Aug 13 #27

No bets from me. pat_k Aug 13 #28

What about down ballot R candidates? newdeal2 Aug 13 #34

Yep angrychair Aug 13 #44

Or at least they think they do. liberal N proud Aug 13 #35

They've seen what can happen...i dont think Chakaconcarne Aug 13 #36

Not Capable Jazz Jon Aug 13 #38

in 2020 Trump was confident he had fixed the outcome of the election... agingdem Aug 13 #41

Seems to me this kind of thing would affect pukes as well? pwb Aug 14 #51

I firmly believe he's just calling it in at this point Torchlight Aug 14 #50

I think claudette Aug 14 #52

I agree. He's going through the motions knowing all thst it will take is one KPN Aug 14 #53

Trump is sure acting panicky and flustered for someone who's confident he's got the whole thing rigged RidinWithHarris Aug 14 #54

I think Trump is just low energy, and he's also furious that he can't coast to victory... D23MIURG23 Aug 14 #56

If they do that, what do we do? Take it? ecstatic Aug 14 #58