Daily Archives: May 13, 2020

One Possible but Unlikely Scenario

With Jared Kushner’s irresponsible and utterly unsupported and unsupportable statements about not being ‘committed’ to holding the Presidential contest on the scheduled election date, and you can imagine the utter freak-out if anyone close the Obama had ever even whispered such an idea, people are concerned and frightened for what this lawless corrupt conman of a president might do to steal the election.

Moving the election date requires an act of congress and the House ain’t going to do that. Canceling the election is not going to happen. No, there will be an election but it is vital to remember that in November you are not voting for a person but a slate of electors committed to voting for a particular candidate. The constitution does not require that the people have a direct say in how the electors to the electoral college are selected, that is a matter left to the states. Voting for slates of electors to support this or that candidate arose very quickly after the constitution was adopted but it is not required at all.

So, take an important swing state like Florida, currently under GOP control in both the executive and the legislature. There’s nothing constitutionally preventing the Florida Senate and House in coordination with the governor from setting aside all votes cast in the November election and sending a slate of electors of their own choosing to represent the state in the electoral college. Such an action would take place after the popular voting and before the Electoral College meets and could swing the legally results of the election.

Our system is built on a foundation of trust and norms that presupposes honorable people acting with moral motivations and there lies it fatal flaw.

This scenario is vastly unlikely but entirely plausible.

 

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