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Lv 7
asked in Politics & GovernmentElections · 5 months ago

if Trump is able to convince enough states to NOT send their electoral votes to D.C. for the election certification...then what?

Update:

if the Congress has to decide who is president...they get 1 vote each state,,right? but what about the RINO republicans ...example Dick Cheney's daughter in Wyoming...will she vote for Biden "out of good conscious" because she is a RINO? why or not?

4 Answers

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  • Tmess2
    Lv 7
    5 months ago
    Favorite Answer

    There are two parts to the question about sending votes to D.C.

    The first is what is called a certificate of ascertainment.  That is a document signed by the governor based on the official state results listing the votes received by each slate of electors and who are the duly chosen electors.  As this description should make clear, the completion of the certificate of ascertainment is really a ministerial task.  If the governor refused to complete it, a court would issue a writ of mandamus ordering the governor to complete it.  Furthermore, most of the states that Biden won have Democratic governors.  Of the handful that have Republican governors, the Governors of Massachusetts, Maryland, and Vermont are not Trump loyalists, and the Governor of Georgia has already signed off on the certificate of ascertainment.  So this is not going to happen.

    The second is a certificate of the vote which is completed by the electors themselves.  Again, I can't see the Biden electors failing to complete the certificate of vote.  Even if the governor does not complete the certificate of ascertainment, the Biden electors will meet somewhere and complete the certificate of vote.  Now, if no certificate of ascertainment is issued, the House and the Senate will have to decide the validity of these votes, but the Democrats have a majority in the House and would only need two Republican Senators (as the Republicans will only have a 51-48 majority on January 6) to have the Senate vote to accept these votes.  I think there are, at least, five Republican Senators who would not put up with this type of shenanigan.  

    Additionally, if a state fails to send the certificate of vote to Congress, the relevant statute contains various mechanisms for Congress to compel the production of the certificate of votes.  

    So it is really impossible that functioning states would not send the certificate of votes.  There have only been two elections (1788 and 1864) in which some states did not send electoral votes to Congress.  The first was become some states had not yet ratified the Constitution.  The second was because some states were in control of rebel governments that did not choose electors.  In both cases, enough other states sent votes and the results were sufficiently lopsided that the winning candidate had the majority of all potential votes.  For this reason, Congress has never had to decide whether the Constitution requires a majority of all potential votes or simply a majority of all valid votes. 

    If, in a hypothetical world, something happened to send this race to Congress.  I think that enough true Republicans (those who believe in the Constitution, the rule of law, and the values of the Republican Party) would vote for Biden for Biden to win.  Trump, however, might just get enough RINO votes (those who believe in power for the sake of power and do not believe in the values of Eisenhower, Nixon, Ford, Reagan, and Bush) that he could steal the election.  Besides Cheney, I could see Utah as well voting for Biden.  I could also see Biden picking up the one vote that he needs to break the tie in Michigan, Minnesota, and Pennsylvania.   And lastly, my expectation, given the current margin in the recount in Iowa, is that Iowa will only have three representatives on January 6 which would give Biden the 26 states that he needs.

  • 5 months ago

    He's still out on his fat rump.

  • RICK
    Lv 7
    5 months ago

    It won't happen, stop dreaming

  • 5 months ago

    Then Trump's term ends on January 20 and Nancy Pelosi becomes acting President.

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