Here's how Trump can still win - Trump can lose all his court cases and still remain president

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hundredpercent

kiwifarms.net
Joined
Jun 9, 2020
Tired of seeing people being optimistic about this in the wrong way, so I thought I'd make a post.

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
Article II, Constitution of the United States of America (emphasis added)

In a good election, the process works like this:
  1. Citizens vote
  2. Votes get counted
  3. Electoral votes of each state go to winner of majority vote in that state
  4. Electors vote, may be faithless
  5. President elected if majority, otherwise goes to Congress

However, the third step is not protected by the constitution. It would be totally legal for all 50 states to change the law to always cast Electoral Votes for the Democratic Party, for instance, de facto turning the US into a one-party state. (As an aside, this is the idea behind the National Popular Vote Interstate Compact, which would have states ignore the local election results in favor of the national ones)

Thus, Donald Trump could ask the Republican state legislatures in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin (73 EV) to disregard the popular vote and appoint Republican electors instead, for a 305-233 win.

Now, there is a minor problem with this: The constitution says that the legislature directs the manner by which the electors are appointed by the state, not that the legislatures directly appoint the electors. In other words, they'd have to change the law, which would presumably be vetoed by the governor.

However, nothing says they can't just ignore this requirement and send electors anyway. Then you'd have two competing slates of electors; one sent by the governor and one sent by the legislature. The Constitution continues:

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President

I'll quote the The Atlantic article for what happens next:

Note the passive voice. Who does the counting? Which certificates are counted?

The Trump team would take the position that the constitutional language leaves those questions to the vice president. This means that Pence has the unilateral power to announce his own reelection, and a second term for Trump. Democrats and legal scholars would denounce the self-dealing and point out that Congress filled the gaps in the Twelfth Amendment with the Electoral Count Act, which provides instructions for how to resolve this kind of dispute. ...

If Democrats win back the Senate and hold the House, then all roads laid out in the Electoral Count Act lead eventually to a Biden presidency. The reverse applies if Republicans hold the Senate and unexpectedly win back the House. But if Congress remains split, there are conditions in which no decisive outcome is possible—no result that has clear force of law. Each party could cite a plausible reading of the rules in which its candidate has won. There is no tie-breaking vote.


The Supreme Court then hands Donald J. Trump a second term as President of the United States of America. Imagine the salt.

If this happens in practice, the most likely scenario is that the Democratic state legislatures will vote for Biden regardless of their results. Since they're all blue, it wouldn't have any short-term effects, but the long-term effect would be to abolish the presidential elections entirely.

Here is some more in-depth analysis:
 

SIGSEGV

All statements made by this account are fiction.
True & Honest Fan
kiwifarms.net
Joined
Feb 8, 2020
malarkey detected.jpg

Not so fast, Trumptard!
 

Dyn

woman respecter
True & Honest Fan
kiwifarms.net
Joined
Oct 19, 2019
I hope a shitload of Republican electors go faithless just to drive this loss all the way home.
 

D_Tractor

It's not a domino effect, it's a pizza hut effect.
kiwifarms.net
Joined
May 6, 2020
OP is a retard it's even easier - In a lot of states the electors aren't legally bound to vote the way the election went. State legislatures don't even need to get involved.
 

Big Bad Wart

The new Kang in town
kiwifarms.net
Joined
Jul 21, 2020
As you read the OP have this song playing. It blends well with the massive levels of cope.
 

Y2K Baby

The Codex of Ultimate Wisdom???
True & Honest Fan
kiwifarms.net
Joined
Mar 30, 2017
I can't remember something.