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.
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