Election Fraud Lies: Georgia's Republican Legislature Will Anoint Trump as President

The Lie

Rudy Giuliani (aka "Covid Rudy") completed his whirlwind "Damn the voters, full steal ahead!" tour of battleground state legislatures last week shortly before being hospitalized for coronavirus treatment. [EdG Note: Arizona's legislure has gone into 7 day lockdown after being exposed to Rudy.]

As I'm sure you know, all six states Trump is contesting have Republican legislatures. Two have Republican governors. All have a majority of Republican counties. But all were illegally stolen by Joe Biden and his Republican and Democrat minions. Darth Minion.jpg

Here's how the plan to secure Trump's rightful win through legislative action will work:

  • The Constitution in Article II, Section 1, Clause 2 granted power for the appointment of electors to state legislatures
  • Republican legislators in Biden states will exercise their power to appoint electors by repealing laws made prior to the election that gave voters the power
  • Then legislatures appoint their own electors who will vote for President Trump on December 14th, the Electoral College date
  • Trump wins the Electoral College, is certified by Congress on January 6th, and attends his second inauguration on January 20th

Commenters on rightwing websites are ecstatic about the plan. For example, CharlemagneTheElder of the Fox News comment section writes "All President Trump need do to stay in office is convince the legislatures of multiple states to ignore certified election results and restore him to the Oval Office by legislative fiat."

Rudy Giuliani, President Trump's lead attorney for the 2020 election challenge, agrees. “This is a constitutional role that the Founding Fathers gave to our legislatures,” Rudy said. “They're the ones who are supposed to select the president, not the governors, not the Board of Elections [, not the voters]. They're the ones who have the constitutional obligation to decide on the electors. So in Georgia, they're going to do that.”

Giuliani then added "Other efforts are ongoing in Michigan and Arizona."

The Rebuttal

The U.S. Constitution does grant that power to the state legislatures.

Article 2, Section 1, Clause 2

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 Congress ...

However, one teeny-tiny piece of that clause is conveniently overlooked: "in such Manner as the Legislature thereof may direct".

In all states, state law enacted by the legislature determines which electors cast votes in the Electoral College. Arizona, for example, fairly recently revised its election law to mandate that electors cast their vote for the candidate who received the highest number of votes in the state.

Ironically, Arizona's Republican legislature changed the law in 2017 because Donald Trump had feared Hillary Clinton would convince state legislatures to steal the election from him.

The same popular vote determination method is law in all other states except Maine and Nebraska, which have proportional systems.

Is it technically possible for state legislatures to repeal their state's popular vote electors law and ordain their own set of Trump electors? Yes. They have until tomorrow to do so. The Federal law that governs electors is 3 U.S. Code § 5. Simplified, it says legislatures can pass new laws regarding electors until six days before the Electoral College meets.

Will any or all of the six battleground state's legislatures do that? It seems doubtful. In fact, most have already adamantly stated they won't.

Let's address one more assertion Rudy made — legislatures are the ones who are supposed to select the president, not the governors, not the Board of Elections. [and not the voters, as EdG added earlier]

However, please consider GA Code § 21-2-499 (2019): The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes.

In other words, Georgia's legislature, in such Manner as the Legislature thereof may direct. passed a law that directs the Governor to determine the electors based on the popular vote.

Sorry, Rudy. No soup for you.

Other Election Fraud Lies Essays

Election Fraud Lies: The Full List of Essays

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Comments

edg's picture

Although I have poked fun at you in this essay, I hope you quickly and fully recover from Covid-19.

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The Liberal Moonbat's picture

This sounds like the "Hamilton Electors" gambit from Winter 2016 in reverse. Live by the Constitutional glitch, die by the Constitutional glitch....

My father and I actually participated in that; Trump definitely seemed scarier back then, and the fact that it could've resulted in perennial popular dark-horse "Neither" becoming POFT was an attraction in its own right. Anyone else even remember it? Nobody says a word about it anymore.

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In the Land of the Blind, the One-Eyed Man is declared mentally ill for describing colors.

Yes Virginia, there is a Global Banking Conspiracy!

@The Liberal Moonbat
I'm all ears

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I've seen lots of changes. What doesn't change is people. Same old hairless apes.

The Liberal Moonbat's picture

@The Voice In the Wilderness https://en.wikipedia.org/wiki/Faithless_electors_in_the_2016_United_Stat...

I'm not sure it even mentions the on-the-ground support-protests (like we attended) in various state capitols. They had their own nice little website while it was underway, but it went kaput as soon as the bid failed.

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In the Land of the Blind, the One-Eyed Man is declared mentally ill for describing colors.

Yes Virginia, there is a Global Banking Conspiracy!

enhydra lutris's picture

delegated some or all of that power in various ways:

If:

Republican legislators in Biden states will exercise their power to appoint electors by repealing laws made prior to the election that gave voters the power

Then they lose most (all?) of their Electors: 14th Amendment, Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

because electors numbers = number of Senators + number of Representatives

Modified, of course, by the Nineteenth Amendment

That would still give Trump the Presidency, but no state legislature will be willing to sacrifice its seats in the House (and possibly its Senators) in order to obtain that goal.

be well and have a good one.

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

edg's picture

@enhydra lutris

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The earth is a multibillion-year-old sphere.
The Nazis killed millions of Jews.
On 9/11/01 a Boeing 757 (AA77) flew into the Pentagon.
AGCC is happening.
If you cannot accept these facts, I cannot fake an interest in any of your opinions.