I So you have two sets of electors, the democrat electors, for Biden, Republicans for Trump, then both would be sent to the President of the Senate who happens to be the vice president
So the disputes are strongest, biggest, and of a magnitude that would change the results of the election. It would change the result in Pennsylvania, Michigan, Arizona, Nevada, Georgia, Wisconsin, and New Mexico. So each one of those is being challenged. Each one of those has a separate set of electors.
So you have two set of sets of electors, the democrat electors, for Biden, the Trump electors, Republicans for Trump, and both have been sent to the President of the Senate who happens to be the vice president.
And when the electoral college meets which is what January 6th 2021 is all about
when the electoral college meets, There will be, I’m certain a challenge to at least those six slate of electors, so Arizona would be the first to come up in alphabetical order.
You can expect when that comes up, the objection will be raised by one member of congress and one member of the Senate.
That which is what has to be done under the electoral count act of 1877. But before we get to that, it’s not even certain what the procedure should be. Because the electoral count act of 1877, although it’s been there since 1877, has is of questionable constitutionality.
It’s been there forever, its constitutionality has never been challenged. And it has very serious problems. There are several law review articles, one in University of North Carolina’s Law Review and another in the Rutgers Journal of Law and public policy,
and numerous others in which it is very, very strongly argued that the electoral account act of 1877 is unconstitutional.
II If there’s an objection from one congress member and one senator against any state electoral count, the joint body has to go back to its chamber to debate for 2 hours whether that state vote is legitimate and which set of electors is the proper electors.
We’ll get back to the analysis of these very interesting and somewhat complex options.
So here are the options. And I’ll try to simplify them. And we’ll see which one is actually utilized, and what the final result is.
So let’s say you follow the electoral count act of 1877, the act that has never been tested for constitutionality, and the act that has been attacked by many scholars as unconstitutional.
Largely because it takes power away from the House of Representatives and the state legislatures that have been given by the Constitution to them, which can’t be taken away just by Congress.
That’s a short and simplified version of why these professors and law review articles have over the years argued that it’s illegal and unconstitutional. But let’s assume you follow it.
What it says is the electoral college comes together, you call the roll. When the state of Arizona comes up, you can expect it there’ll be an objection from the republican congress member or republican congress over and republican senator, as soon as that objection is made, the joint body has to separate according to the Act, or the Senate’s got to go back to the Senate chamber and leave the much larger House of Representatives chamber.
And for two hours, they both have to debate Arizona, was the vote legitimate, wasn’t it legitimate? Which set of electors of the proper electors. In the case of Arizona republicans will raise the number of non-citizens who voted which go beyond the margin of difference between Biden and Trump. They will raise the number of votes that were entered without observation by Republicans or secretly voted.
They will argue the number of out of state people that voted. And they’ll also argue about the Dominion machines which are alleged to have an algorithm that gave Biden a distinct advantage. In this case, it would be in Maricopa County, which is the largest county where those machines were used.
And there are a series of other objections to Arizona, where if you counted them up, you’d have about 130, 140,000 votes that would change from a vote For Biden to vote for Trump, that’s got to be debated.
Then both houses come back and they report to the chairman of…the president actually is called the president of the electoral college. And that is none other than vice president. None other than the Vice President of the United States, Mike Pence, who then has to decide what to do.
And according to the law, unless the two houses vote together, the group of electors sent by the state to the electoral college are seated, which would mean in the case of Arizona, the group for Biden, and then that will go on and on until you get to the end of the group of states, in each case where an objection is raised by a member of the Senate and a member of the House, any member from any state.
So that was the state of, of Georgia comes up. And there’s an objection to Georgia by two members, then the separate debate takes place on Georgia, Michigan, or Wisconsin, on and on and on. And there may well be debates on states that I haven’t even mentioned,
these are the ones that have evidence, substantial evidence of both voter fraud, and amounts of voter fraud that go way beyond the margin between Biden and Trump. So they surely will be argued.
III If neither candidate gets 270 votes, the choice of President is given to the House of Representatives where President Trump actually has an advantage
Well, once that’s all done, you’ll be able to determine the electoral vote. That’s going to be recognized. And if that vote is over 270 for either candidate, and going in Biden has those votes. But Trump has very, very strong arguments in seven states, that would take those votes away from him.
But if anyone gets 270, then that person would be the president united states, if you follow the electoral count act, if neither candidate is a 270, then immediately, immediately, the Constitution says immediately, which means the next minute, everything breaks down.
The house goes back to the House, the Senate goes back to the Senate, the choice of President is given to the House of Representatives, and the choice of vice president is given to the Senate. And that’s how you get there, if there is less than a majority in the electoral college, and I just demonstrated you, under the electoral count act, how that could happen, that could happen based on the debate.
And if three states, let’s say, just about any three states of this group was taken away from Biden, even if they weren’t given to Trump, you would go below 270. And you’d have to go to the House of Representatives.
Now you say, well, that that would lead obviously to the election of Biden, because the House of Representatives, although the margin has been dramatically decreased to about nine, maybe 10. I guess it hasn’t been decided yet. What would decidedly go to Biden, so it’s over.
No no no, just the opposite. The Constitution creates a different vote, or different type of voting for the House of Representatives. It says in the case of its selecting a president this way, they vote as a delegation.
In other words, no matter how many Congress members you have got one vote. So Wyoming that has only one congressman has one vote. And California, seems to have 1000s of Congress people, gets one vote. Everybody gets one vote.
Now if you take a good look, the republicans have the majority Republic. Republicans have, in the new Congress, I believe it 26 to 23 and one is a tie. I believe that’s Pennsylvania.
IV President of the Senate Mike Pence is the decider on these objections. If his decisions result in no one reaching a majority, it’s immediately sent to the House of Representatives and the Senate
So let’s assume that it is unconstitutional, is unconstitutional. Then we go back to the Constitution of the 12th Amendment of the Constitution. And when that electoral, Electoral College meets, the person in charge is the President of the Senate, the Vice President of the united states, and it simply says that the ballots will be open and counted.
It doesn’t exactly say who counts them. But the tradition had been that the vice president counts them and let me give you one great historical precedent.
It was the election of 1800，1st really disputed election. And Jefferson, and Burr, or they, although they were running as president and vice president ended up tied. And Burr was supposed to defer, but he was tied. And the law said he had an equal right to the presidency, because they had a tie vote. So in order to get tied, because Jefferson could have remained three electoral votes, I believe it was three, but whatever the number is electoral votes behind.
The issue came up with the state of Georgia, very interesting, Georgia again, right, just like the issues coming up with Georgia this time. And Georgia, electoral votes have been awarded to Jefferson. However, there was a dispute.
And there was an argument that they should be given to another candidate. Who decided？the President of the Senate decided the President of the Senate at the time, was the vice president united states like Mike Pence is, you know who that was? Thomas Jefferson, the guy running for president.
And you know what he did? He decided for himself. He said, look at both, I’ll take the electoral votes that selected me. So that precedent says that the decider on these objections would be the President of the Senate, Mike Pence.
And again, if that happens, if he makes decisions, a group of decisions, and the decisions result, in no one reaching a majority, then constitution again takes over. And immediately it’s sent to the House of Representatives and the Senate.
And I just remind you, again, the House of Representatives gets to vote in a different way. Instead of everybody voting. It’s one vote per delegation, which changes that to an advantage for the republicans.
V This election might end up in the hands of the House of Representatives, and even in the Supreme Court
In any event, there is a good chance that this election will end up in the hands of the House of Representatives. And there’s a really good chance it’ll end up in the Supreme Court.
Because if any of these decisions that that are made, that either republicans or the Democrats believe are unconstitutional, then they’re going to take it right to the Supreme Court.
And the Supreme Courts can be asked to decide if it’s constitutional or not. And then the Supreme Court has to decide, should it take the case? Is this a political question that should be decided by the political branches of government? Or is it a kind of fundamental constitutional law question that should be resolved by the court.
And that that probably will be the subject of a different podcast if we get to that point. Don’t be surprised if this also not only ends up in the House of Representatives, but it ends up in the Supreme Court.
Translated by 【Elite G-Translators】based on Rudy Giuliani Common Sense| Ep. 100