Birdnow's Aviary

December 06, 2020

Trump's Unlikely Path to Victory

This from Joseph Bast

This is Trumpâ€™s narrowing path to victory. The Supreme Court needs to rule that there is enough uncertainty regarding election results in four key states that neither candidate has a majority in the electoral college. Then each state legislature gets one vote...

Republican Congressman Explained Planned Challenge to Electoral College Results

If Brooks and any supporters in Congress are able to dismiss the slate of electors from enough contested states, President-elect Joe Biden would fall below the 270 electors needed to win the presidency. In that case,each state legislature is tasked under Article II of the U.S. Constitution with "in such Manner as the Legislature thereof may direct" seating "a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress."

Republicans hold a majority of state legislatures, and therefore could theoretically hand Donald Trump a second term. Fox News host Mark Levin first pointed to the provisionin a tweet that Twitter later marked "disputed."

[...]

Brooks told substitute host Trace Gallagher that the Electoral Count Act of 1887could be invoked to challenge an individual state's slate of electors, and with sufficient support in both chambers, have those electors dismissed.

The law was enacted in the aftermath of the disputed 1876 election, in which issues determining a winner in Florida, South Carolina and Louisiana -- as well asa separate problem in Oregon -- threw a wrench in the nationwide count.

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