Some 70 million Americans who cast their ballots for President Donald Trump and Vice President Mike Pence on Election Day were dispirited – and angry – on Saturday when a number of media outlets declared Joe Biden the 46th president-elect of the United States.
Granted, media outlets don’t get to declare presidents, only voters do. And right now, the number of votes both candidates got is very much in question.
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In fact, in response to the media declaration, President Trump said from his Virginia golf course that a) enough states have yet to declare Biden the winner; and b) his campaign has filed a number of lawsuits challenging election results in a number of states. Also, he said his campaign will be filing multiple legal challenges again on Monday, this time with ample evidence of alleged voter fraud and other irregularities.
But that may not be enough. The Biden campaign, the complicit media, Democrats, and establishment Republicans know that he who strikes first has the advantage; that’s why the early call for Biden was made on Saturday.
There is also a role for GOP-controlled state legislatures to play as well, according to Daniel Horowitz.
Writing at The Blaze he noted:
Who determines the outcome of the presidential election in a given state? Governors? Secretaries of state or boards of election superintendents? The courts? Fox News’ decision desk? Nope. The president wins a state when electors selected by state legislatures conduct a vote in their respective states on Dec. 14. Thus, ultimately, according to the Constitution, the state legislators wind up serving as the kingmakers in a disputed election.
He continues:
The Constitution, in Art. I, §4, cl. 1, gives state legislatures the power over the times, methods, and procedures of elections and provides no “public health emergency” exception that enables governors or judges to override them and create a new system for elections. At its core, this is why we have such post-election chaos, and it was by design – set in motion for years by the courts and crystalized over the past few months by using COVID-19 to remake the in-person voting electorate into a postal ballot free-for-all, in what Justice Gorsuch described as the greatest judicial intervention in elections in 230 years.
Well, now state legislatures can have their revenge and have the final say, as intended by the Constitution.
But wait – haven’t state legislatures long ago passed laws designating how their electors are assigned? Yes. In Pennsylvania, for instance, state law says electors go to the presidential candidate who won the most votes in the state.
Ah, but there’s the catch: What if the final results are disputed?
Constitutional lawyer, Fox News host and top conservative talker Mark Levin lays it out.
Horowitz writes:
In his 2005 book “Men in Black,” Levin noted that the reason the Supreme Court ruling on the Florida recount in 2000 was final was not because the courts are supreme over the electoral process. Quite the contrary, the Supreme Court was merely rectifying a mistake the state court made, because Democrats were the ones who involved the courts in the election process to begin with. But why did Al Gore ultimately accept the decision in Bush v. Gore?
“The Florida legislature could have (and, in fact, was preparing) to intervene and name a slate of electors if the Florida Supreme Court continued to interfere with the election,” wrote Levin on page 170. “The legislature, which was controlled by the Republican Party in 2000, had absolute authority under the Constitution to choose Florida’s members of the electoral college.”
Because Gore continued to dispute the election results and force endless delays (the 2000 election had come down to whoever won Florida would win the White House), the GOP-controlled Florida legislature was going to step in and name its slate of electors and thus settle the matter.
That can happen again – for President Trump.
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GOP legislatures in states where the ballots are being disputed for legitimate reasons could step in and, regardless of state laws already on the books, name their own electors because the results are disputed.
And as Horowitz notes, that’s exactly what they should do.
“Thus, if there is ample evidence of voter fraud that would be sufficient to alter the will of the people through this popular election, it is incumbent upon the state legislatures in those states to reclaim their authority over the Electoral College and rectify the fraud that has upended our election process,” he concludes.
