December 9, 2020 (LifeSiteNews) —The following is written by Hon. Robert Marshall, former member of the Virginia House of Delegates.
Can President Trump still win re-election?
Yes! Harvard Law Professor Alan Dershowitz explained that President Trump has a legal, though narrow, constitutional path to re-election. Fareed Zakaria of CNN acknowledged this. Senator Lindsay Graham (R-SC) noted, “Everything should be on the table,” in light of affidavits filed under penalty of years of jail time for perjury. (Please take action shown at the end of this article!)
Can state legislatures choose presidential Electors?
The federal Constitution places the obligation for choosing presidential Electors on state legislatures: “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 ….” (emphasis added) [Article II, Section 1, clause 2]
State legislatures do not need permission of Governors to call a special session to select presidential Electors.
What does the Supreme Court say?
A nearly 130-year-old Supreme Court decision, held that, “This power [to choose Electors] is conferred upon the legislatures of the states by the Constitution of the United States, and cannot be taken from them or modified by their state constitutions … Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated. [McPherson v. Blacker, 146 U. S. 1, 35 (1892)]
Bush v. Gore(2000) reaffirmed the 1892 McPhersondecision. Chief Justice Rhenquist noted that, “The grounds for contesting an election include ‘[r]eceipt of a number of illegal votes or rejection of a number of legal votes sufﬁcient to change or place in doubt the result of the election.’” (emphasis added) [Bush v. Gore, 531 U.S. 98, 117, opinion, (2000)]
Is there evidence for Fraud in the 2020 presidential election?
Yes! Numerous affidavits sworn under penalty of perjury carrying years of jail time, have been brought before state legislatures or courts in “swing states.” State election law was violated in six “swing states” (Arizona, Wisconsin, Michigan, Georgia, Nevada, and Pennsylvania) according to sworn statements:
Republicans were denied access to oversee ballot counting leaving only Democrat partisans in charge, violating state law and practice;
State laws which set deadlines for acceptance of mailed in ballots were changed illegally by courts and/or administrative agencies.
Absentee ballots were accepted without matching signatures on ballots to voter registration files violating state law.
Additionally, affidavits were sworn that Dominion Voting Systems used computers and software connected to the internet and open to security breaches and foreign intrusion.
The public cannot have confidence in the 2020 presidential election unless competent authority examines and ensures that only legal ballots were counted. State legislatures hold constitutional authority to send Congress a slate of presidential electors if the vote count or election procedures violated state law.
The Thomas More Society, a national public interest law firm, notes that:
“Because the laws governing the vote were violated in numerous ways in several key states, certification of the election results cannot be said to have been made in accordance with the laws established in those states. Therefore, the responsibility still rests with state legislatures to appoint their state’s Electors, because no ‘determination made pursuant to such law’ has actually been made. …” [Thomas More Society, Set in Stone?]
The Thomas More Society also explains that there are hundreds of thousands of potentially fraudulent or illegal ballots making up Joe Biden’s ostensible lead over Donald Trump.
Virginia attorneys, Pat McSweeney and Bill Olson, note:
“If, however, the legislature (and by extension, the people) harbors serious doubts about whether the election results reflect the true will of lawful voters, that body is free to determine how to proceed. The legislature’s plenary constitutional authority under the Electors Clause is reflected in 3 U.S.C. §2: When a state ‘has failed to make a choice on the day prescribed bylaw, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.’” (See Western Journal)
Legislatures taking action to ensure that only legal ballots were counted are NOT “overthrowing an election,” but guaranteeing an honest one.
PETITION UPDATE (12/12/2020) -
In a 7-2 decision, the Supreme Court of the United States declined to hear the case filed by the state of Texas.
PETITION UPDATE (12/11/2020) -
6 states have formally joined Texas in its Supreme Court suit against Georgia, Michigan, Pennsylvania, and Wisconsin—four battleground states who ran illegal and unconstitutional elections.
Missouri, Arkansas, Louisiana, Mississippi, South Carolina, and Utah have formally joined Texas and agree that the defendant states exploited the COVID-19 pandemic to justify unlawfully enacting last-minute changes and ignoring both federal and state election laws, thus skewing the results of the 2020 General Election.
While Missouri and 16 other states filed an amicus brief with the Court supporting Texas, 20 other states plus the District of Columbia signed an amicus brief supporting the 4 defendant states.
Please SIGN this petition and STAND with Texas, as the state seeks justice in the 2020 general election for all citizens of the United States.
'6 states formally join Texas in lawsuit defending the security of the 2020 election' - https://www.lifesitenews.com/news/6-states-formally-join-texas-in-lawsuit-defending-the-security-of-the-2020-election
The state of Texas has filed suit against Michigan, Pennsylvania, Wisconsin and Georgia in the Supreme Court over changes which those states made to their election rules, claiming they violated the U.S. Constitution in the process.
Here is the central part of the argument: if Texas were to allow possible voter fraud to go unchecked in Michigan, Pennsylvania, Wisconsin, and Georgia, it would be akin to committing fraud upon the people of Texas, who cast their ballots within the framework of the law.
Indeed, this would apply equally to all citizens who voted within the framework of the law across the United States!
Thankfully, Texas Attorney General Ken Paxton is stepping up to vindicate the right of all Texans - and, all Americans - to have every legal vote be counted.
But, the Supreme Court has only until Thursday morning to either accept or decline hearing the case.
Please SIGN and SHARE this urgent petition, now.
The main claim that Texas makes is that Michigan, Pennsylvania, Wisconsin and Georgia violated the Electoral Clause of the U.S. Constitution by changing their election rules on mail-in ballots by executive or judicial action, rather than by action from the legislature.
But, America is a land of laws, and most people play by the rules. Citizens also want our state executives and judiciaries to play by the rules.
Bypassing state legislatures, even during a pandemic, cannot be justifiable as it goes against our system of checks and balances, and, ultimately, as it is the legislatures who have the power, vested by the people, to make determinations about state electoral regulations.
Texas also alleges that the defendant-states further violated the U.S. Constitution's Equal Protection Clause by applying different election rules for different parts of their respective states, meaning that election rules were not the same for every citizen of each state.
Texas approached the Supreme Court directly because in disputes between states, the Supreme Court is the court of "first impression." But, the Court only has a limited window to accept or decline hearing the case.
Please SIGN and SHARE this important petition today.
FOR MORE INFORMATION:
'‘This is the big one’, says Trump of Texas SCOTUS election challenge' - https://www.lifesitenews.com/news/this-is-the-big-one-says-trump-of-texas-scotus-election-challenge
'Texas asks Supreme Court to toss 4 states’ election results over illegal mail ballots' - https://www.lifesitenews.com/news/texas-asks-supreme-court-to-toss-4-states-election-results-over-illegal-mail-ballots
Is it too late for states legislatures to act?
NO! But time is short. Presidential Electors are scheduled to vote in state capitols on December 14. The Library of Congress reports that Electors have been selected as late as December 28. In the 1960 Kennedy-Nixon race the governor of Hawaii first approved Nixon Electors, then later approved Kennedy electors after a recount. [Counting Electoral Votes, etc. RL 32717,p. 9, 2016,]
Electoral ballots are due by Dec. 23, 2020, but the National Conference of State Legislaturesnotes, “There is no penalty for missing this deadline.” The US House and Senate meet in joint session on Jan. 6, 2021 in Washington to count the electoral ballots. January 20, 2021 is Inauguration Day.
If state legislatures and a Secretary of State send different Electors to Congress, then what?
The Library of Congress Congressional Research Division reports that if more than one set of presidential electors is sent to Congress by different state authorities, the U.S. House of Representatives and Senate vote separately to choose which set of Electors to accept, or, reject all sets of Electors. But the House and Senate must both agree to accept or reject Electors. [Counting Electoral Votes etc.,p. 8, RL32717, 2016]
What happens if no presidential candidates receives 270 Electoral votes?
After the House and Senate agree or disagree on accepting slates of Elector, if neither Vice President Joe Biden nor President Donald Trump receive the minimum 270 Electoral votes needed to win, the selection of the President will be made by the U.S. House of Representatives under the Twelfth Amendment which stipulates that each state has only one vote regardless of the population of the state, e.g. both California and New Hampshire would have one vote each.
There are at least 26 states represented in the U.S. House of Representatives that have a majority of Republicans in their delegations. If all of the Republican majority Delegations choose Electors for Donald Trump, he would be reelected.
Grass Roots Action Needed Immediately!
Citizens must urge Republican state legislators in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin (see email addresses below) to ascertain whether or not the election was conducted fairly and in full compliance with state law and practice, and investigate allegations of fraud to provide for the integrity of the 2020 Election and all future elections.
If you do not live in Pennsylvania, Wisconsin, Georgia, Michigan, or Arizona you still have a First Amendment right to “…petition the government for redress of grievances” as decisions made in these states directly impact your vote.
For each state, please copy and paste the block of emails in the BCC (blind copy), and petition these Republican legislators with the “Sample Message” which follows, or a message of your own. Urge others to do the same.
Dear Representative (or Senator):
Please examine whether only legal votes were counted in the 2020 presidential election.
In certain areas Republicans were not allowed to monitor vote counts as required by state law. Further, the U.S. Supreme Court in Bush v. Gore(2000) ruled that only state legislatures, not executive agencies or courts, may change election law.
Why have Dominion Voting Systems representatives refused invitations to testify at public hearings?
If any affidavits cause you to doubt the fairness of the election, you have the duty and authority under Article 2, Section 1 of the U.S. Constitution to select a list of Presidential Electors which reflects only the legal ballot count.
Please confirm that you intend to uphold and defend the Constitution and election integrity at this critical time in American history. Thank you.
Below are links to state legislative hearings and court filings about 2020 Election fraud:
Arizona Legislative oversight hearing(start at 46:00);
Investigative Reporter Sharyl Attkisson’s collection of original sources for Hard to Find Documents and Information on 2020 Presidential Race and Fraud
Pennsylvania legislators email addresses
Governor Kemp is waffling- call him at 800-436-7442 to leave a message