We are just under two weeks away from the Electoral College vote for President on December 14. The Trump campaign has been wildly unsuccessful in state court and federal court, making a case for voter fraud. They have failed to prevent the state certification of the presidential election.
The recounts in Georgia and Wisconsin proved nothing. The Trump campaign has the right to pursue this, but they have failed to make a case to the only people who matter at this moment – judges.
There have been state legislative hearings in Pennsylvania, Arizona, and now Michigan to make a case for voter fraud. The Trump campaign is making its case to Republican state legislators. For what purpose?
A misguided belief that state legislators in Arizona, Michigan, and Pennsylvania will ignore the popular vote in their states and send a slate of electors who will vote for Donald Trump.
Supporters of this state, “state legislatures are the ones who have the say!”
They cite Article II, Section 1 of the U.S. Constitution that reads, “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 Congressā¦”
Here’s the problem with this belief. Yes, it’s true state legislatures direct how electors from their state are appointed. However, every state legislature has already done that. They have passed a law, signed by the governor of their state, determining the winner of the state’s popular vote, Maine and Nebraska excluded, will receive the state’s electors. Maine and Nebraska have a proportional system based on the popular vote in the state and individual congressional districts. Even then, it’s based on what voters decide.
There is this magical belief that state legislatures can ignore state law after an election has taken place and bypass the voters’ will.
It’s not going to happen for two reasons: 1. State and federal courts would shoot that down in a heartbeat. 2. Most state legislators understand that while die-hard Trump supporters may back that move, most of the voting electorate (including many who voted for Trump) will not.
Suppose a state legislature wants to address potential voter fraud. In that case, they should do so through public hearings and legislation, not by subverting their constituents’ will based on allegations that the Trump campaign has failed to prove in court.
