Speaking to a sometimes furious but mostly dissatisfied Pennsylvania Republican body on Wednesday, President Trump, Rudy Giuliani’s personal lawyer and campaign adviser, raised the idea that the state legislature could decide to give Pumpsylvania’s 20 constituencies a vote. state certifies that Joe Biden won the November 3 election in the state.
“The state legislature controls this process,” Giuliani told the Republican legislature. – This is your power. This is your responsibility. And I think you know, and you need to convince the other members, Republicans and Democrats, [that] they belong to the people of their state, and they owe this to the people of the United States. “
A public meeting of the Senate Majority Policy Committee on Wednesday afternoon, chaired by Republican Senator Doug Mastriano, questioned the validity of the election results in Pennsylvania and called into question the vote counting process. President Trump called the meeting and reiterated the false allegations that he “won” the election “a lot” and that it was stolen from him.
President-elect Joe Biden beat Trump in Pennsylvania by roughly 81,000 votes and about 6 million in a nationwide referendum.
Giuliani spent most of the negotiation limits against postal votes, arguing that Republican pollsters had not kept an eye on the vote counting process, a claim that had not yet been in court.
Many witnesses suspected suspicious activity during the counting of votes, such as hundreds of thousands of ballot papers sitting unopened in boxes and then mysteriously disappearing. Giuliani and Ellis maintained that this was evidence of a concerted fraud involving officials from dozens of other states, and said it was reason enough to reverse Biden’s state victory on Tuesday.
The meeting was recorded as a hearing, but it took place at the Wyndham Hotel in Gettysburg, Paris, not in the state capital of Harrisburg, and witnesses – including self-described data experts and amateur statisticians, Republican observers during the vote count. a couple of voters who reported suspicious activity when they cast their votes – did not take the oath.
When asked about a possible appeal, Ellis referred to the U.S. Constitution, which states that each state appoints a number of voters to the state based on the number of senators and deputies in Congress and empowers state legislatures to determine how they are elected.
Under Pennsylvania law, the governor appoints electors according to the results of the state referendum. Josh Shapiro, Attorney General of Pennsylvania, Democrats, said On Tuesday, the state’s presidential voters in the state were elected and certified in accordance with the referendum.
“The process has to happen exactly that way – people vote, those votes are counted, and the elected voters reflect the will of the people,” he said on Twitter.
Ellis and Giuliani seemed to have pushed on Wednesday, along with other possible “remedies,” for the legislature to re-enter the process by sending its own ballot to the Electoral College, which overrides the will of Pennsylvania voters.
“You could call special elections,” Ellis said. – You can control the way your voters are. There are a number of constitutional options, but one option cannot be to ignore it and justify a damaged, irrevocably compromise election. “
Ellis later admitted that there is a proven process in Pennsylvania for selecting electors, and then seemed to suggest that because the election was damaged – an unfounded claim – the procedure was no longer valid.
“Even though there’s a way your constituents are usually elected in Pennsylvania, and that has worked in the past presidential election,” he said. “It is a choice that has been corrupted. And so it is not possible to go through this method. The legislature is an organization authorized by the Constitution to choose the way. You can put that force back at any time.
Since the election, Trump campaign lawyers have filed more than three dozen lawsuits to invalidate election results in various states, and virtually none of them have prevailed or even passed the preliminary hearings. In particular, they have stopped allegations of fraud or corruption in court submissions, where lawyers who make bad faith claims can be sanctioned. At Wednesday’s “hearing,” there was a witness who said a poll worker refused to tell him whether to put his ballot face-up or face-down in the scanner, and an observer who said his democratic colleagues cast ugly glances at him. Allegations have been made on several occasions that Republican observers have been kept too far away to accurately control the processing of ballot papers – which the court has already raised and rejected.
One issue that constantly surfaced was the claim that there were about 700,000 more mail items counted than were actually distributed. “You sent out one thousand eight hundred and twenty-three, one hundred and forty-eight absentees or mail in the community of Pennsylvania,” Giuliani said (presumably a language slip for 1,823,148).
– He got back about 1.4 million. However, when you counted the president, you counted 2.5 million. I do not know what causes the 700,000 difference between the number of votes cast and the number of votes counted.
This would be prima facie evidence of something wrong, but Giuliani’s premise seems completely wrong. On October 13, the Associated Press reported that “three more weeks must elapse before the November 3 elections, more than 2.6 million registered voters applied to vote by mail in Pennsylvania. ”(Highlight from me.) The day after the election, Pennsylvania Secretary of State Kathy Boockvar announced that more than 3 million mail items had been returned and were counted.
Fact Check: Postal items were broadcast live in Philadelphia and were fully open to observers from the Republican, Democratic, and Green parties.
– Commissioner Al Schmidt (@Commish_Schmidt) November 25, 2020
Giuliani, in support of Ellis’ recommendation, told the panel, “Given that this is your exclusive constitutional right and authority, you can always take over the constitutional power you have brought back.” The section of the Constitution referred to by Ellis and Giuliani does not explicitly state whether a state retroactively overrides its own procedures. Congress determines the date for the election of electors under the Constitution. It was November 3 this year, which means voters have already been elected.
Moreover, these allegations appear to be inconsistent with federal law, which gives states until December 8 to determine the winner of a referendum, which must be made in accordance with state law as it existed on election day. On December 14, the nation’s voters cast their ballots in that state. These votes will be sent to the newly elected Congress, which will count the votes on January 6th.
In previous interviews with Yahoo News, experts said state lawmakers are unlikely to succeed in appointing their own constituents, especially in the absence of credible evidence of widespread fraud.
If there is a debate in Congress over election votes, the House and Senate will meet separately and, according to election expert Adav Noti, the Center for Campaign Law and the National Working Group on Election Crises, they will vote separately on which election votes to count. If they disagree, there is a final tie-breaking provision in federal law that counts state-certified voter votes count.
As Trump’s campaign lawsuits continue to fail, Trump himself seems to see election strategy as the path to victory. CNN reported Wednesday night that President Trump invited Republican lawmakers from the hearing event to the White House and is expected to meet with them.
Trump apparently tried to do this in Michigan. Last Friday, he met in the White House with Michigan House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey, who Trump saw as an attempt to persuade GOP lawmakers to work together on a plan to override the will of Michigan voters. President-elect Joe Biden won by more than 150,000 votes.
After the meeting, lawmakers issued a joint statement stating that they “want to follow the law and follow the normal process for Michigan voters”.
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