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highplainsdem

(49,044 posts)
Thu Jul 30, 2020, 02:48 PM Jul 2020

Tribe: Trump may be preparing to have red state legislatures declare election results invalid

and then name their own slate of electors, if the voters don't support Trump.


https://www.independent.co.uk/voices/trump-delay-election-tweet-mail-voting-2020-twitter-a9646786.html



-snip-

Democratic Representative Jamie Raskin of Maryland, a former constitutional law professor at American University’s Washington College of Law, said in a phone interview that he was not surprised by Trump’s sudden interest in delaying an election he is likely to lose.

-snip-

But according to the man who taught Raskin constitutional law at Harvard Law School, an attempt by Trump to delay the November election is not the nightmare scenario Democrats need to worry about.

“He must know — or even though he's personally very ignorant, his lawyers must know — that three US code chapter one, which sets the date for the election, can be changed only by Congress,” said Harvard Emeritus Professor Laurence Tribe, author of the seminal law school text on the constitution, American Constitutional Law.

Tribe posited that because only Congress can change the date of the election, Trump is positioning himself to blame the Democratic-controlled House of Representatives and Speaker Nancy Pelosi for making it impossible to pass any sort of measure to carry out his demand, and to pressure Republican-controlled state legislatures to nullify the results should he lose in states like Pennsylvania, Wisconsin, or Michigan.

“Once he blames the House, then I think it's his plan… to try to get a red state like Pennsylvania to invoke three USC section two, [which allows state legisatures to appoint electors directly] and claim that the election failed because of fraudulent mail-in ballots, and therefore the state legislature should name its own slate, rather than rely on the results of the popular election,” he said. “That's really what we have to be prepared for. We can't simply assume that the guy [Trump] is as dumb as he seems… this is a setup for something else.”

-snip-
76 replies = new reply since forum marked as read
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Tribe: Trump may be preparing to have red state legislatures declare election results invalid (Original Post) highplainsdem Jul 2020 OP
This is pure alarmism Wanderlust988 Jul 2020 #1
Trump and Trumpism now own the GOP. All bets are off. Hekate Jul 2020 #4
THIS Initech Jul 2020 #76
Sadly that's not the case unblock Jul 2020 #6
Agree. octoberlib Jul 2020 #7
I have to agree!! Such spin Thekaspervote Jul 2020 #19
The premier constitutional authority in the country thinks this might happen... First Speaker Jul 2020 #24
No one disagrees he knows his constitutional law! Thekaspervote Jul 2020 #37
No kidding. Just look at NC's legislature - GOP side. Bunch of malicious sociopaths. n/t CousinIT Jul 2020 #49
Why does Trump deserve the benefit of the doubt? uponit7771 Jul 2020 #40
these are alarming times CatWoman Jul 2020 #41
do not underestimate the lawlessness of don j trump spanone Jul 2020 #43
You mean the Republican legislatures that refused to expand Medicaid Azathoth Jul 2020 #47
You obviously don't know Texas Republican politicians. Dustlawyer Jul 2020 #66
+1 K&R onetexan Jul 2020 #68
Have you been asleep edhopper Jul 2020 #74
Don't we usually lose red states anyway? LOL nt Quixote1818 Jul 2020 #2
At the moment it's looking like Biden will win a few that have red legislatures and governors. unblock Jul 2020 #8
Better check that list again moose65 Jul 2020 #14
Thanks unblock Jul 2020 #22
But MI law states That the SOS certifies the vote and appoints electors Fiendish Thingy Jul 2020 #63
it will vary state by state unblock Jul 2020 #69
This looks promising, then: moose65 Jul 2020 #75
No we don't normally lose Pennsylvania, Wisconsin, and michigan. The votes were triron Jul 2020 #9
Are you suggesting that actual votes were changed? PTWB Jul 2020 #12
it was (nt) stopdiggin Jul 2020 #16
The votes were social media hacked. LiberalFighter Jul 2020 #30
Hacking is something specific. PTWB Jul 2020 #31
You'll never change their minds... brooklynite Jul 2020 #38
You might want to read the Wikipedia page on the hacking. Long but informative. delisen Jul 2020 #56
You might want to read the Wikipedia page on the hacking. Long but informative. delisen Jul 2020 #57
Sure, provide a link! PTWB Jul 2020 #70
No just votes suppressed and that was enough uponit7771 Jul 2020 #42
I don't believe it was debunked. FBI was still investigating up until Barr got in. delisen Jul 2020 #50
This would include FL, GA, AZ, OH and others which are in play SoonerPride Jul 2020 #10
I don't know if I understand the hypothetical scheme presented but I looked it up Sugarcoated Jul 2020 #13
NC has a Democratic governor moose65 Jul 2020 #17
Yep, true Sugarcoated Jul 2020 #20
MA (Charlie Baker) would never participate in such a scheme. smirkymonkey Jul 2020 #26
Nor would hogan in Maryland Thekaspervote Jul 2020 #39
Well, yeah. But it helps to have someone of Tribe's stature point it out starkly. nt Hekate Jul 2020 #3
This message was self-deleted by its author StarfishSaver Jul 2020 #5
With friends like this, . . . elleng Jul 2020 #11
Trump says some really stupid and outrageous stopdiggin Jul 2020 #15
+1000 Thekaspervote Jul 2020 #27
Hope for the best. Prepare for the worst. Vote like your life depends on it. C_U_L8R Jul 2020 #18
You Know, PBO JUst Said At The Funeral Me. Jul 2020 #21
I think it would anger more people into voting against Trump. Doodley Jul 2020 #25
I think you R right! I like Tribe, buy look at his twitter posts. There's some pretty far out stuff Thekaspervote Jul 2020 #28
I'd LIke To Take Credit Me. Jul 2020 #34
Dumb as he is, I think Trump knows full well he has no authority to do this. NYC Liberal Jul 2020 #45
Exactly What "The" President Said Me. Jul 2020 #59
EGGS-ACTLY This! n/t MFGsunny Jul 2020 #73
It is important to run ads to inform people Trump is planning on ignoring the will of the people. Doodley Jul 2020 #23
True Regarding The Margin Me. Jul 2020 #36
Don't think this is realistic Zorro Jul 2020 #29
Yep! Not all of them would be safe from repercussions. LiberalFighter Jul 2020 #33
It would be risky for any red Governor to consider that type of action in a swing state. LiberalFighter Jul 2020 #32
+1000. Duecy in AZ is good example. Phoenix has a dem mayor, Tucson is no longer red red Thekaspervote Jul 2020 #46
Two principles at play: 1) Trump is a cheat and 2) GOP tries to hold power by whatever means andym Jul 2020 #35
Not enough of them would. As pointed out, Baker in MA, Hogan in MD and others. Thekaspervote Jul 2020 #44
3) They can't win a fair fight. mac56 Jul 2020 #65
Governors would be going directly against a SCOTUS ruling to send electors that did not Thekaspervote Jul 2020 #48
Actually, the ruling says the exact opposite Azathoth Jul 2020 #53
Ummmm Thekaspervote Jul 2020 #55
Unlikely the R legislatures in Mi, Wi, and PA have the votes to override a veto by D governors Kaleva Jul 2020 #51
Exactly! Thekaspervote Jul 2020 #52
Well, we could just kick them out of the Union, then, I suppose. nt coti Jul 2020 #54
By posting this you're just playing into their hands. PoindexterOglethorpe Jul 2020 #58
Thank you!! A voice of sanity Thekaspervote Jul 2020 #60
Thank you. PoindexterOglethorpe Jul 2020 #67
Malarkey- MI SOS certifies election and appoints electors- legislature has no role. Fiendish Thingy Jul 2020 #61
It's now evident that Putin doesn't believe he'll be able to get Trump re-elected. C Moon Jul 2020 #62
The Bolivian coup government has cancelled elections three times GETPLANING Jul 2020 #64
If Trump or "red states" try any crap like this there will be millions of people in the streets. CaptainTruth Jul 2020 #71
he's already done worse and will continue. With 4 years of treachery, wiggs Jul 2020 #72

Wanderlust988

(509 posts)
1. This is pure alarmism
Thu Jul 30, 2020, 02:51 PM
Jul 2020

There is NO way a state legislature will go against the will of their own people and try to do this. If Trump loses, the GOP will drop him like a hot potato and move on to fight in 2024. They will not go down the drain for him and ruin their own careers for this maniac should he lose in November and it's a clear and convincing loss.

unblock

(52,352 posts)
6. Sadly that's not the case
Thu Jul 30, 2020, 02:59 PM
Jul 2020

It's probably safe to say that if Biden wins a state by 5% or more, they're not going to override it.

But gore won Florida in 2000 by any reasonable measure and they gave it to shrub. Obviously that was an extremely close election though. But the election of 1876 was a mess and the eventual agreement didn't really reflect the will of the people.

I think we're crooks to rely on democratic norms and traditions when there's a blatant fascist running. There's just no way he's not already cheating and he's going to continue to find ways to get an edge any way he can. If republicans can win by defying the will of the people in one or two republican controlled states that vote for Biden, You can bet they're looking into how they can throw the election to donnie.

First Speaker

(4,858 posts)
24. The premier constitutional authority in the country thinks this might happen...
Thu Jul 30, 2020, 03:26 PM
Jul 2020

...so maybe, it isn't just "alarmism". Today's GOP is capable of anything, especially on the state legislature level, which is where the real lunatics are.

Thekaspervote

(32,803 posts)
37. No one disagrees he knows his constitutional law!
Thu Jul 30, 2020, 03:50 PM
Jul 2020

The objection comes same as in the practice medicine...there’s theory, and there’s practice. They are 2 entirely different things. This is the very reason most academics with good reason don’t practice law ....or medicine

It’s a really big stretch.

Azathoth

(4,611 posts)
47. You mean the Republican legislatures that refused to expand Medicaid
Thu Jul 30, 2020, 04:12 PM
Jul 2020

and let many of their own citizens die for no reason other than to stick it to the black guy?

The GOP is a death cult. They no longer even pretend to craft policies that will appeal to a majority.

Dustlawyer

(10,497 posts)
66. You obviously don't know Texas Republican politicians.
Thu Jul 30, 2020, 05:49 PM
Jul 2020

Governor Abbott, Lieutenant Gov Dan (old people sacrifice for the economy ) Patrick, and Texas AG Ken Paxton would overturn the election in a heartbeat if it is anywhere close. These are Kool-Aid drinking SOB's that have no F's to give when it comes to respecting the process and the Constitution.

unblock

(52,352 posts)
8. At the moment it's looking like Biden will win a few that have red legislatures and governors.
Thu Jul 30, 2020, 03:06 PM
Jul 2020

I think the list includes:

Wisconsin
Michigan
Pennsylvania
Ohio
North Carolina
Florida
Georgia
Texas
Arizona

I could be wrong on a few of these but I think they all have Republican legislatures and governors but Biden will surely win at least some of these. In fact it's hard to see him winning the election without some of these, which is why we need to be prepared for republican efforts to steal these states through legislative action.

moose65

(3,168 posts)
14. Better check that list again
Thu Jul 30, 2020, 03:12 PM
Jul 2020

Wisconsin, Michigan, Pennsylvania, and North Carolina all have Democratic governors now.

Fiendish Thingy

(15,669 posts)
63. But MI law states That the SOS certifies the vote and appoints electors
Thu Jul 30, 2020, 05:42 PM
Jul 2020

The legislature has no role in sending the slate of electors to congress, unless they change the law before Election Day.

unblock

(52,352 posts)
69. it will vary state by state
Thu Jul 30, 2020, 05:55 PM
Jul 2020

michigan should be no problem if these aren't in republicans' hands any more.

but other states may have different laws. i don't know what happens if the s.o.s. refuses to certify anything, for instance.

in some states, the legislature would have to change the law prior to the election, but they could do that if the polls look bad for donnie. they could even try to spin it as a contingency just based on covid-19 or protests or something. some states may already have laws to invalidate an election if the s.o.s. determines there was "too much fraud" or something.

moose65

(3,168 posts)
75. This looks promising, then:
Thu Jul 30, 2020, 09:27 PM
Jul 2020

These states now have a Dem governor and Secretary of State:

Michigan
Wisconsin
Pennsylvania
North Carolina

None of those states had Dems in both of those offices in 2016. Governors have a lot of influence into how the elections are carried out, and Secretaries of State are responsible for running and certifying the elections.

triron

(22,025 posts)
9. No we don't normally lose Pennsylvania, Wisconsin, and michigan. The votes were
Thu Jul 30, 2020, 03:06 PM
Jul 2020

corrupted in 2016 by Russian (and other) hackers. So they went for Trump.

LiberalFighter

(51,137 posts)
30. The votes were social media hacked.
Thu Jul 30, 2020, 03:42 PM
Jul 2020

Meaning that the Russians used social medial to sway the voters or have voters not vote.

 

PTWB

(4,131 posts)
31. Hacking is something specific.
Thu Jul 30, 2020, 03:43 PM
Jul 2020

That isn’t hacking. We are all aware of the misinformation campaign. But this poster was suggesting actual votes were changed after they’d been cast.

delisen

(6,046 posts)
50. I don't believe it was debunked. FBI was still investigating up until Barr got in.
Thu Jul 30, 2020, 04:37 PM
Jul 2020

Don't know if he killed the investigation.

Russians had gotten into over 35 state elections. The las t word to was that they did not have evidence to unequivocally prove changing of votes-which is different from saying it was debunked.

Sugarcoated

(7,733 posts)
13. I don't know if I understand the hypothetical scheme presented but I looked it up
Thu Jul 30, 2020, 03:11 PM
Jul 2020

Red states we could win that have Repub govs: FL, GA, AZ, IA, NC, OH. If Bide wins all the blue states + PA, MI & WI (all Dem govs), none of those states matter.

However, blue states of MD, MA and VT have Repub govs. I don't know if they would participate in a hypothetical scheme to steal the presidency or how it would affect things if they did

Red states with Dem govs: MT, NC

moose65

(3,168 posts)
17. NC has a Democratic governor
Thu Jul 30, 2020, 03:13 PM
Jul 2020

You’ve got NC on your list with both a Republican and Democratic governor 😃

 

smirkymonkey

(63,221 posts)
26. MA (Charlie Baker) would never participate in such a scheme.
Thu Jul 30, 2020, 03:26 PM
Jul 2020

He is not your typical republican. And it would be the end of his career if he even tried. He and his family would have to move somewhere far away.

Response to highplainsdem (Original post)

stopdiggin

(11,383 posts)
15. Trump says some really stupid and outrageous
Thu Jul 30, 2020, 03:12 PM
Jul 2020

sh*t on Twitter. This time (and because he's sinking like a f*cking rock) it's stupid enough that the GOP comes out publicly to say BULLSH*T. And now we have Lawrence to come nattering along about how it's all really a cleaver feint -- because he really has this super-dooper election cheat up his sleeve!

K then.
--- ---

Me.

(35,454 posts)
21. You Know, PBO JUst Said At The Funeral
Thu Jul 30, 2020, 03:22 PM
Jul 2020

That positing worries such as this depresses the vote and is part of a planned action to suppress the vote. I am surprised at such a man as Tribe passing this along.

Thekaspervote

(32,803 posts)
28. I think you R right! I like Tribe, buy look at his twitter posts. There's some pretty far out stuff
Thu Jul 30, 2020, 03:31 PM
Jul 2020

That most of the time was just that, pretty far out stuff

Me.

(35,454 posts)
34. I'd LIke To Take Credit
Thu Jul 30, 2020, 03:47 PM
Jul 2020

But as I said, I'm only repeating what PBO said in his eulogy for John Lewis

NYC Liberal

(20,137 posts)
45. Dumb as he is, I think Trump knows full well he has no authority to do this.
Thu Jul 30, 2020, 03:59 PM
Jul 2020

PBO is right. This is a distraction designed to suppress turnout by making people think their vote won’t matter.

Doodley

(9,142 posts)
23. It is important to run ads to inform people Trump is planning on ignoring the will of the people.
Thu Jul 30, 2020, 03:24 PM
Jul 2020

He will destroy our democracy to stay in power. That is a reason for a strong vote against him. We need to win by such a wide that he will look like a poor loser.

Me.

(35,454 posts)
36. True Regarding The Margin
Thu Jul 30, 2020, 03:49 PM
Jul 2020

but I agree with the last real president...we don't want people saying what's the use and staying home.

Zorro

(15,749 posts)
29. Don't think this is realistic
Thu Jul 30, 2020, 03:41 PM
Jul 2020

There would be massive riots and legislators who would support such tactics would be painting a target on their backs.

Thekaspervote

(32,803 posts)
46. +1000. Duecy in AZ is good example. Phoenix has a dem mayor, Tucson is no longer red red
Thu Jul 30, 2020, 03:59 PM
Jul 2020

The state is going to have 2 dem senators. That guy is all in it for himself.

andym

(5,445 posts)
35. Two principles at play: 1) Trump is a cheat and 2) GOP tries to hold power by whatever means
Thu Jul 30, 2020, 03:48 PM
Jul 2020

necessary.

Trump cheats at golf, on wives, and apparently at businesses with scams like Trump U. He lies or states untrue information habitually--greater than 20000 lies so far according to the Washington Post. Most importantly, he has a deep psychological need to win at any cost. So would he try to cheat at the election? Of course he would.
.
The GOP has a recent history of trying to win by any means necessary. Forget Bush V Gore and Florida in 2000. The voter suppression tactics that we agree they have employed to keep hundreds of thousands of not millions of minorities and Democrats from voting is well documented. They clearly believe the integrity of the voting system in America should be tampered with to favor themselves. Would they go along with Trump in his greatest scam of all time? You be the judge.

Thekaspervote

(32,803 posts)
44. Not enough of them would. As pointed out, Baker in MA, Hogan in MD and others.
Thu Jul 30, 2020, 03:57 PM
Jul 2020

State politics is a different ball game, they would be risking more than they care to

Azathoth

(4,611 posts)
53. Actually, the ruling says the exact opposite
Thu Jul 30, 2020, 04:49 PM
Jul 2020

SCOTUS held that state legislatures can place any restriction on their electors they want, including binding them to vote a particular way and punishing them if they don't.

The plaintiffs in the SCOTUS case didn't pledge to vote for the "popular vote winner", even though it was widely misreported that way. They pledged to vote for their party's nominees for POTUS and VPOTUS. The state fined them because they broke that pledge.

States can appoint whichever electors they choose, however they choose, and they are free to put any restrictions on them they choose. The popular vote plays absolutely no role except in state law.

Thekaspervote

(32,803 posts)
55. Ummmm
Thu Jul 30, 2020, 05:00 PM
Jul 2020
https://www.cnn.com/2020/07/06/politics/faithless-electors-supreme-court/index.html


The Supreme"The Constitution's text and the Nation's history both support allowing a State to enforce an elector's pledge to support his party's nominee -- and the state voters' choice -- for President," she added. Court said Monday that states can punish members of the Electoral College who break a pledge to vote for a state's popular vote winner in presidential elections.

Today, we consider whether a State may also penalize an elector for breaking his pledge and voting for someone other than the presidential candidate who won his State's popular vote. We hold that a State may do so," Justice Elena Kagan wrote.

"The Constitution's text and the Nation's history both support allowing a State to enforce an elector's pledge to support his party's nominee -- and the state voters' choice -- for President," she added.

Washington state Attorney General Robert Ferguson told the justices that since the creation of the Electoral College, there have only been 165 faithless electors representing less than 1% of the Electoral College votes cast for president. Of those, 71 changed their vote in 1872 and 1912 because the candidate they pledged their vote for died.
"The scattered examples that remain have been largely symbolic gestures with no chance of impacting results," Ferguson said, adding that "over the last century, no elector for a winning presidential candidate has switched votes to the losing candidate."

Also https://www.ncsl.org/research/elections-and-campaigns/the-electoral-college.aspx

Some states have passed laws that require their electors to vote as pledged. These laws may either impose a fine on an elector who fails to vote according to the statewide or district popular vote, or may disqualify an elector who violates his or her pledge and provide a replacement elector. In July 2020, the U.S. Supreme Court ruled that it is constitutional for states to enact this type of law. The states with laws that attempt to bind the votes of presidential electors are below:

States With Laws That Attempt to Bind the Votes of Presidential Electors
Alabama Mississippi
Alaska

Montana
Arizona Nebraska
California Nevada
Colorado New Mexico
Connecticut North Carolina
Delaware Oklahoma
District of Columbia Ohio
Florida Oregon
Hawaii South Carolina
Indiana Tennessee
Maine Vermont
Maryland Virginia
Massachusetts Washington
Michigan Wisconsin
Minnesota Wyoming


Most of the laws cited above require electors to vote for the candidate of the party that nominated the elector, or require the elector to sign a pledge to do so. Some go further: Oklahoma imposes a civil penalty of $1,000; in North Carolina, the fine is $500, the faithless elector is deemed to have resigned, and a replacement is appointed. In South Carolina, an elector who violates his or her pledge is subject to criminal penalties, and in New Mexico a violation is a fourth degree felony. In Michigan and Utah, a candidate who fails to vote as required is considered to have resigned, and a replacement is appointed.

PoindexterOglethorpe

(25,905 posts)
58. By posting this you're just playing into their hands.
Thu Jul 30, 2020, 05:09 PM
Jul 2020

That and the "Trump isn't sure if he'll abide by an election vote not in his favor" b.s. The results are the results. Candidates, even incumbents don't have a choice about abiding by the results.

PoindexterOglethorpe

(25,905 posts)
67. Thank you.
Thu Jul 30, 2020, 05:52 PM
Jul 2020

I get extremely tired of and exasperated by the posts that say the election will be postponed or cancelled or Trump will refuse to leave the White House. I wish there would be some kind of a ban on them.

Fiendish Thingy

(15,669 posts)
61. Malarkey- MI SOS certifies election and appoints electors- legislature has no role.
Thu Jul 30, 2020, 05:39 PM
Jul 2020

Legislature would have to change the law BEFORE Election Day.

C Moon

(12,221 posts)
62. It's now evident that Putin doesn't believe he'll be able to get Trump re-elected.
Thu Jul 30, 2020, 05:40 PM
Jul 2020

They were hoping to pull the same tricks they did in 2016, but everything is falling apart.
His only hope is to break the law.

GETPLANING

(846 posts)
64. The Bolivian coup government has cancelled elections three times
Thu Jul 30, 2020, 05:48 PM
Jul 2020

because they know they will lose. Don't think Trump is aware of what is going on in Bolivia and thinks to himself, "why not?"

CaptainTruth

(6,606 posts)
71. If Trump or "red states" try any crap like this there will be millions of people in the streets.
Thu Jul 30, 2020, 06:32 PM
Jul 2020

I will be one of them.

wiggs

(7,819 posts)
72. he's already done worse and will continue. With 4 years of treachery,
Thu Jul 30, 2020, 07:13 PM
Jul 2020

lies, grifting, and incompetence behind us what is the wiser course:

...to prepare for additional abuse of office by exposing, discussing, and doing what we can to prevent it (thank you Professor Tribe)

or

...give them the benefit of the doubt and assume that even this WH and enablers wouldn't dare use power in this way to benefit themselves

From the beginning it was always clear who this guy is and he continues to prove it every day yet, still, there are opinions that destruction of the next 'norm' couldn't possibly happen. Because.

The silence and complicity of the GOP tells me they see a way through this that doesn't include a normal election. Tribe's warning describes just one of many ways this happens and deserves serious attention. I'm sure if Tribe sees it as a possibility, the Stephen Millers, the Bannons, the McConnells, the Barrs, and the Carlsons have been evaluating it. I hope dems realize they need to be thinking ahead as well.

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