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3 U.S. Code § 15
| By Dan Pierce |
Jeff, like you, I am not educated in Constitutional legalities but it seems that the last part of 3 U.S. Code § 15 - Counting electoral votes in Congress is the issue. "But if the two Houses shall disagree in respect of the counting of such votes , then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted , they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of." https://www.law.cornell.edu/ uscode/text/3/15 "When the two Houses have voted" ? Does this mean one vote per State? I think it does. The 12 th Amendment states... "The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed (270 = Majority of Electors); and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President." https://constitution.congress. gov/constitution/amendment-12/ Now, the main issue is when there are multiple sets of Electors submitted for any State. It is up to Pence to decide which set of Electors are counted. If Pence counts the 2 nd set of State Republican Electors submitted for the six fraudulent swing States, instead of the certified ones from the State Secretaries and Governors, Trump can go over the 270 electoral majority constitutional requirement. This would bypass the one vote per State requirement in the 12 th Amendment. Now that much of the fraud has been proven to many of those State legislatures (Arizona, Nevada, Michigan, Wisconsin, Pennsylvania and Georgia), it will be easy for Pense to justify counting the Republican Electors instead due to fraud. If not all of the six States are contested by at least one Congressman and one Senator and reversed, it could leave Trump short of the 270 required. Either way, Trump wins. Great article here... "In this epic piece, Alexander Macris summarizes legal arguments and notes that the President of the Senate is the only person who has the ability and authority to pick the electors from each state when there are more than one set of electors."
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