Another Way To Elect A President: Election Follow-Up
Nov 20, 2020
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Dive into the aftermath of the presidential election and its implications for electoral integrity. Discover the tangled web of lawsuits and claims surrounding voter fraud that have emerged post-election. Explore the controversial 'state legislature superpower theory' and its impact on elector appointments. Reflect on the vital role of election workers amidst the chaos and the urgent call for reforms to restore public trust in the electoral process. It's a deep look into the complexities of modern democracy and the challenges ahead.
The post-election landscape reflects a high level of confidence in timely certification, which is crucial for a stable electoral process.
Legal strategies employed by the Trump campaign aim to create doubt about the election results despite lacking substantive merit or potential impact.
Discussion of state legislature authority reveals significant concerns about the legality and democratic implications of disregarding popular vote results.
Deep dives
Post-Election Overview
The episode provides an overview of the post-election landscape, confirming Joe Biden's popular and Electoral College victories, with projections that his Electoral vote count will exceed 300. In the weeks following the election, key battleground states including Pennsylvania, Wisconsin, Georgia, Arizona, and Nevada have been engaged in vote counting and certification processes. These states are expected to complete their certification before critical deadlines in December, ensuring that the legal results of the election will be established prior to the Electoral College meeting on December 14. This timely certification is crucial as it provides a layer of protection against potential challenges to the election outcome.
Safe Harbor Provision and Certification
The episode emphasizes the significance of the safe harbor provision, which states that if a state's electoral outcome is certified six days before the elector's vote, that certification is conclusive and not subject to challenge. As the electoral college meeting approaches, it is vital for states to ensure that their election processes are completed and certified by the December 8 deadline. This anticipated certification timeline differs notably from the crisis experienced during the 2000 election, where delays led to judicial intervention. The current confidence in the timely completion of post-election counting and certification bodes well for an orderly electoral process.
Litigation Strategy and Challenges
The discussion also revolves around the Trump campaign's litigation strategy, highlighting its focus on delaying the counting and certification processes through various lawsuits. Many of these suits are characterized as lacking substantive merit, yet they aim to create doubt and prolong legal battles over election results. The legal arguments often revolve around minor procedural issues or unfounded allegations of fraud, none of which are anticipated to substantially change the election outcomes. As these legal maneuvers unfold, the resilience and integrity of the electoral process are essential to maintaining public confidence and ensuring that grievances do not undermine the certification of the results.
State Legislature Authority and Concerns
The episode explores contentious theories regarding state legislatures' authority to appoint electors after the election, despite the popular vote results. Some right-wing commentators are advocating for legislatures to disregard election outcomes, invoking a 'superpower' theory based on Article Two of the Constitution. However, it is posited that such a move would violate federal law and the democratic principle of representing the electorate's will. The discussion emphasizes that such actions would not only be legally questionable but could provoke significant civil unrest, as the perception of disenfranchisement could lead to widespread dissatisfaction.
The Role of Congress and Future Implications
The potential role of Congress in affirming or challenging the electoral vote outcomes is critically analyzed, particularly in light of the vice president’s powers during this process. The discussion highlights that if objections arise regarding the electoral slate, Congress would separate into chambers to vote on the objections, potentially influencing the ultimate determination of the certified electors. The implications of this are profound, as individual Senate votes could significantly impact the electoral outcome. The episode concludes with a call to action for citizens to hold their elected representatives accountable to protect the democratic process and prevent any attempts to subvert the will of the voters.
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