So, it's not over yet.
Remember Stephen Miller and his alternate electors? Reportedly the idea is to try and take advantage of another example of poor wording and definition in 3 U.S. Code CHAPTER 1—PRESIDENTIAL ELECTIONS AND VACANCIES.
What they're banking on is section 2.
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
The law doesn't define what "failed" means so the Trump team believes the legislature can define an election as "failed" and then can choose new electors.
The problem with this plan is the way I read section 15, if there are two sets of electors, and the House and Senate can't agree on the right one, then the set certified by the governor counts.
So I don't see how this works even if they can get the state legislatures and the Senate to go along with this which strikes me as unlikely.
Besides, they sure as hell wouldn't get a court to go along with it.
The worst that could happen is the count on January 6th ends in a stalemate. Trump's term still ends on January 20th and Nancy Pelosi would become president if it wasn't resolved by then.
No comments:
Post a Comment