The Constitution is very clear: The actual decision on who should be elected President of the United States every four years is actually made by the state legislatures.
Article II, Section 1, Paragraph 2: 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 to the Congress.
12th Amendment: The Electors shall meet in their respective states and vote by ballot for President and Vice-President. … 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.
In other words, the state legislatures choose the Electors, and only when they are chosen can they vote for President. Furthermore, the winner must win a majority from the expected number of total Electors from all the states, which is presently 270. If not, the vote then goes to the House of Representatives in Congress, which votes not by each representative but by state, with each state’s caucus voting separately to determine the state’s vote (as per the 12th Amendment).
American tradition however for almost two centuries has been for these legislatures to let the popular vote of the state guide them on who to pick as Electors. If their citizens choose the Republican candidate, they picked Republican Electors so their states Electoral votes go to that candidate. If the citizens choose a Democrat, they did the same.
It is because of this tradition that we all assume the popular vote makes the choice. It really does not.
For two centuries, this system worked because everyone trusted the election process. While some fraud has always occurred at some level, at the federal level the counts have generally been carefully done and reliably tabulated. Even in the difficult election battle in 2000 it was clear that the effort was to get the actual count right, by both sides.
This trust is now gone. The number of errors, suspicious actions, and indications of fraud, all designed to steal votes from Donald Trump and give extra votes to Joe Biden, makes every single one of the contested elections in the battleground states of Pennsylvania, Georgia, Michigan, and Wisconsin unreliable. Let’s take a look a just a small sampling of recent stories from each state, detailing rampant election fraud.
Pennsylvania (State Legislature controlled by Republicans)
- A Stolen Presidential Election in the Nation’s Election Fraud Capital
- Pennsylvania County Will Count over 2,000 Ballots Without Dates
- 3 Fishy Things In Pennsylvania Voter Data The State Has Yet To Explain
- 10 Reasons Pennsylvania’s Election Results May Be ‘Irredeemably Compromised’
- USPS Whistleblower in Erie, PA Claims Trump-Hating Boss Is Postmarking Late Ballots for Nov. 3 [Note: he has not recanted this claim.]
- Lawsuit: At Least 21K Dead People on Pennsylvania Voter Rolls
Michigan (State Legislature controlled by Republicans)
- Detroit Poll Challenger Witnessed Election Workers Counting Ballots For ‘Non-eligible’ Voters, Then Kicked Out For Noticing
- Detroit City Elections Employee: Workers Coached Voters for Joe Biden, Changed Dates on Ballots
- GOP Poll Watcher Alleges Fraud at Detroit Ballot-Counting Center
- Citing ‘Overwhelming and Widespread’ Irregularities, True the Vote Sues Michigan to Challenge Election, Calls for Quick Action
- Lawsuit Claims 40,000-Plus Fraudulent Ballots Pumped Through Detroit For Joe Biden
- Trump Campaign Lawsuit Challenges Dominion Voting Machine Counts in Michigan
Wisconsin (State Legislature controlled by Republicans)
- Wisconsin Election Commission Might Have Violated State Law By Allowing Clerks To ‘Fix’ Ballots, Report Says
- Biden’s Great Leap Forward: A split second in Wisconsin
- Wisconsin: Trump Must Pay $7.9 Million If He Wants a Recount [The state charged $2 million in 2016]
Georgia (State Legislature controlled by Republicans)
- The Georgia recount may be as corrupt as the election itself
- Despite State GOP Claims To The Contrary, Georgia Is Ripe For Election Fraud
- Georgia Democrats Going Door-to-Door to Fix Flawed Ballots, Told to ‘Minimize’ Helping Republicans
On addition, there is the very questionable software used in all of these states.
- In 30 states, a computer system known to be defective is tallying votes
- “DNA-LEVEL” STATISTICAL PROOF: “Smartmatic” Vote-Counting System Was Manipulated in PA and GA to Overturn Trump’s Victory
- Dominion Vote System That Flipped Trump Votes To Biden Was Flagged As ‘Fragile And Error Prone’ In 2019
- 96% Of Dominion Voting Systems Political Donations Went To Democrats
- The Dominion software story keeps getting worse
The stories above are only a tiny sampling of the numerous news articles published by numerous news sources in the past two weeks, all raising serious questions about the results in all these states.
It is the obligation of the election boards of each of these states to deal with all of these issues, to fix them, and to recount the votes after having made sure all illegal or illegitimate votes have been disqualified and that the software they use has been audited and is definitely recording the results accurately.
If they do this and the results still give Joe Biden these victories, then so be it. We will know we had a legitimate election.
If these election bureaucracies however fail to do this, or refuse, or attempt it but do an unsatisfactory job, it will then be the obligation of their Republican-controlled legislatures, as representatives of the people who elected them, to refuse to accept these untrustworthy election results. The elected officials need to tell their election boards they will not certify any election results, under any condition, until these problems are resolved.
This is exactly what the writers of the Constitution had intended. It is wholly possible to fake many election ballots and defraud an election. It is impossible to do this at the legislature level. The Founding Fathers feared the rule of the mob, and wanted the legislatures to act as a control on that mob rule.
Nor is this an improper power grab. It is merely demanding that the popular vote be counted fairly, correctly, and without error. Any resistance by Democrats to that demand will prove the Democrats do not want a fair, correct, and error-free election count. They want the results faked, and have probably cheated in each of these states.
Faced with unreliable election results, the state legislatures in these disputed states have two choices. These Republican-controlled state legislatures could simply throw out the questionable election results and pick Electors for the Electoral College who represent their choice for President, which would mean they pick Donald Trump. While this might seem like they are defying the voters of their states, if the election results have been faked by Democrats and the Democrats refuse to help fix the problems, then these Republican legislatures are within their rights to reject the results. In fact, they are obliged to represent the people who voted them into office, and prevent the election from being stolen.
Nonetheless, choosing Electors to vote contrary to the disputed results is very risky politically, and does run counter to two centuries of American tradition.
A more appropriate political choice would be to simply refuse to pick any Electors at all, because they have no idea who to pick based on the questionable and unknowable election results. By doing this they place the decision of picking the President in the hands of the House of Representatives, the one federal body the Founding Fathers created to act as representatives of the nation’s entire citizenry. It is, as they said, the People’s legislature.
At first glance this might appear a cop-out, but in truth it would demonstrate the state legislatures’ willingness to represent their citizens. In every one of these states it appears a fraud was perpetrated on the electorate, and most especially on the majority that voted for Trump. And in every one of these states, the voters chose Republicans as the majority to represent them in their state legislatures. Refusing to accept a defective election count that goes counter to the will of that state’s majority is the only correct thing to do.
Moreover, in the end picking the Presidency is a federal concern. Allowing the federal House to make the decision seems proper and appropriate.
Either way, the time has arrived for these elected state Republicans to finally prove they are true representatives of the voters who put them in office. In the past decade the American public has increasingly chosen to give Republicans more control at the state level. In the election that just concluded, that pattern continued, with statehouse Republicans gaining ground nationwide, even in Democratic Party strongholds in the Northeast.
It is time these elected State officials showed some spine and truly represented their voters. They must withstand the ugly onslaught of the Democratic Party and its collaborators in the media and do what is appropriate. They must refuse to back down. They must insist that the problems with their election counts be resolved to the satisfaction of all voters, or they must reject these fraudulent election results entirely, either by letting the Republicans in the House choose, or by choosing themselves.
If they do this, Trump will remain President. It is also very possible that the states that are totally controlled by the Democratic Party on the west coast, on the northeast, and in Illinois, will then revolt. At that point they may choose to secede, as the southern states did in 1860 when they rejected Abraham Lincoln’s election.
It will then be up to the rest of the country to decide whether to let them go, or to do as the north did in 1860, marshal military force to prevent them from leaving. I choose the later, but that is not the question of the moment.
Right now, the important issue is the election itself. The Republicans need to act like they really represent the people who voted them into power, and reject these corrupted and fraudulent election results, demanding the problems be fixed or the elections will be discarded.
Now available in hardback and paperback as well as ebook!
From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.
Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.
“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of founder of the Mars Society.
All editions are available at Amazon, Barnes & Noble, and all book vendors, with the ebook priced at $5.99 before discount. The ebook can also be purchased direct from my ebook publisher, ebookit, in which case you don't support the big tech companies and I get a bigger cut much sooner.
Autographed printed copies are also available at discount directly from me (hardback $24.95; paperback $14.95; Shipping cost for either: $5.00). Just email me at zimmerman @ nasw dot org.