UPDATE: Thursday 1/5, 10:52 AM PST: POLITICO: Democratic lawmakers considering challenge to Trump’s Electoral College victory
Several House Democrats are weighing a formal challenge to Donald Trump’s election on Friday, when Congress meets in joint session to certify Trump’s Electoral College victory.
Reps. Ed Perlmutter of Colorado, Bobby Scott of Virginia and Jamie Raskin of Maryland are among a group of Democrats eyeing challenges.
Steven Rosenfeld at Alternet is reporting that
More than 50 Electoral College members who voted for Donald Trump were ineligible to serve as presidential electors because they did not live in the congressional districts they represented or held elective office in states legally barring dual officeholders.
That stunning finding is among the conclusions of an extensive 1,000-plus page legal briefing prepared by a bipartisan nationwide legal team for members of Congress who are being urged to object to certifying the 2016 Electoral College results on Friday.
“Trump’s ascension to the presidency is completely illegitimate,” said Ryan Clayton of Americans Take Action, who is promoting the effort. “It’s not just Russians hacking our democracy. It’s not just voter suppression at unprecedented levels. It is also [that] there are Republicans illegally casting ballots in the Electoral College, and in a sufficient number that the results of the Electoral College proceedings are illegitimate as well.”
“We have reason to believe that there are at least 50 electoral votes that were not regularly given or not lawfully certified (16 Congressional District violations and 34 Dual Office-Holder violations),” the executive summary of the Electoral Vote Objection Packet said. “The number could be over a hundred. We urge you to prepare written objections for January 6.”
“The compiling of the laws and evidence in this Electoral Vote Objection Package was completed by a national team of roughly 15 pro bono attorneys, law students, and legal assistants who represent no client or entity,” the summary said. “We are non-partisan—Democrat, Republican, and Independent. We live in different parts of the country, urban and rural, red states and blue states.”
The first group of illegitimate electors amounts to political carpetbagging. “In North Carolina, for instance,” the briefing says, a state law, “NCGS 163-1(c) states, ‘One presidential elector shall be nominated from each congressional district…’ Yet, we have voter registration cards showing that numerous North Carolina electors lived outside the congressional districts they represented.”
The report lists the following states and their number of illegitimate electors: Arkansas (two from outside its congressional district); Indiana (one), Louisiana (one), Michigan (one), North Carolina (seven), Oklahoma (one), and Texas (three).
The second group of illegitimate electors is based on the fact that presidential electors hold a federal office, however short-lived, and that directly conflicts with states that ban elected officials from holding more than one office at a time. Florida’s state constitution, for example, bars dual-office holding. Its Supreme Court has issued rulings that further define what constitutes an officeholder. And the state legislature has passed other laws treating them as public officials, such as reimbursing them for travel costs. “Ironically, Florida Attorney General Pam Bondi, who has issued a number of Advisory Legal Opinions on dual-office holding, was a presidential elector,” the briefing said. “Her name was on the Governor’s certification list of Republican electors, and also Attorney General Bondi cast her electoral ballot on December 19. More Negron, who also cast an electoral vote, is currently president of the Florida Senate.” The report lists the following states and their number of illegitimate electors based on dual-office holders: Alabama (two), Florida (12), Georgia (four), Iowa (two), Kansas (four), Kentucky (one), Michigan (one), Missouri (one), Nebraska (one), North Carolina (one), Ohio (one), Oklahoma (two), Pennsylvania (two), South Carolina (one), South Dakota (three), Tennessee (two), Texas (four), Utah (one), and West Virginia (three). This tally, which adds up to 49 electors, was taken from a spreadsheet accompanying the briefing and is a larger number than what was cited in the report’s executive summary, which is quoted above. Finally, there is another area of concern. Apparently, 23 states—out of the 31 that cast Electoral College votes for Trump—did not properly report separate vote counts for president and vice-president to Congress. That violates the 12th Amendment of the U.S. Constitution and a federal law requiring presidential electors in each state to “provide ‘two distinct lists of votes,’ one for the president and the other for the Vice President,” the briefing said. “Of 31 states, only eight states followed that law," the report said. "Some states codify the federal law into their own state law regarding presidential electors. Of those, 15 states did not provide two lists of signatures on their Certificates of Vote.”
So clearly these electors are illegitimate, according to law. Please call your representative before Friday and urge him or her to object to certifying the results of the Electoral College, because the votes were bogus!
House switchboard: (202) 224-3121
UPDATE: “BP in WA” also posted a diary on this bombshell, and handled it better, I think. Check it out:
www.dailykos.com/…
This is yoooge! Call!!
