Republican leaders in Michigan and three other key states said they would not participate in a legally dubious plan to flip their state’s electoral votes in favor of U.S. President Donald Trump, USA Today and other media reported On Saturday.
Republican lawmakers in Michigan, Arizona, Pennsylvania and Wisconsin have all said they will not interfere in the selection of electors who will ultimately cast the votes that ensure the candidate wins. Some point out that reversing the ballot would violate state law and the voter’s vote.
USA Today said their comments effectively frustrated a half-baked plan by some Republicans that they saw as a last chance to keep Mr. Trump in the White House. The idea roughly involves Republican-controlled legislatures ignoring Mr. Biden’s popular vote victories in their states and choosing Instead Mr. Trump’s electors. Although the final outcome is unclear, it appears to hinge on expectations that the court, with a conservative majority, will settle the dispute.
But the plan has been pushed by Trump Allies, including The Florida governor, Ron DeSantis.
The theory is rooted in the fact that the US Constitution gives state legislatures the power to decide how voters choose. Each state has passed laws granting this power to voters and designating electors for the candidate who wins on election day. The state legislature’s only chance of intervening in the electors is a provision in federal law that allows it to do so in the event of an actual election “losing.”
If the outcome is not clear by mid-December, the deadline for designating electors, the Republican-controlled legislatures in those states could declare Mr. Trump a winner and appoint electors who support him. At least that’s the theory.
The problem, legal experts say, is that the election results are not clear. Biden won all the contested states. Biden led Trump by more than five million votes nationwide, with no widespread fraud or problems detected.
Mr. Trump’s campaign and its Allies have filed a lawsuit aimed at delaying certification and potentially providing evidence for a lost election. But So far, Mr. Trump and the Republicans have had little success — at least 10 lawsuits were dismissed in the 10 days after the election. The most important is to ask the courts to prevent Michigan and Pennsylvania from proving that Mr Biden was the winner of their election.
But legal experts say the court is unlikely to ultimately prevent the states from appointing electors before the December deadline.
Danielle Lang, of the Campaign Legal Center, said: “This is what the court did with the most unreasonable and bizarre intervention this country has ever seen. I haven’t seen anything of value in any of these lawsuits — much less a delay in the appointment of electors.”
Even if Mr. Trump wins a case in court, it said, there is another potential hurdle: Congress could be the final arbiter of whether to accept contested Electoral lists, according to the 1887 Electoral Count Act of 1887, which Outlines the process. In the end, if no agreement can be reached on which electors to accept, and there is no vote and no winner, the presidency will pass to the next person when President Trump and Vice President Mike Pence’s term ends on January 20. House Speaker Nancy Pelosi is expected to become President.