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To: Publius

Thanks for that link; I read once but I will re-read for more absorption. Great info.


1,607 posted on 10/21/2020 12:18:06 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: little jeremiah
I'll repost it with a few grammatical changes.

***

When you vote for president, you’re really voting for presidential Electors pledged to the ticket of their respective political party. The party’s national committee can simply send registered letters to their Electors informing them that the ticket has been changed. This can be done all the way up to the date that the members of the Electoral College vote in their respective state capitals. This satisfies the federal requirement, and there is precedent. In 1872 Horace Greeley died after the November election but before the Electoral College met. He had lost to Grant, so it was academic, but the party notified its Electors that there was a change. Even though substitution will satisfy federal requirements, there are a plethora of state laws that will complicate this.

So here is what happens and how Trump can play it to his advantage.

The DNC picks a new ticket. Ordinarily this would be done with the state party chairs meeting in Washington and auditioning possible candidates. Thanks to COVID, it will probably be handled by Zoom. The Democrats could use this to their advantage by televising the conference for the sake of showing openness. The big headache comes when the Sandernistas demand a spot for Bernie.

The Electors are notified of the new ticket. Lawyers will get involved when state laws create barriers not present in federal law.

The Democrats will absolutely demand that the election be postponed. This creates a problem. A few dates are hard-coded in the Constitution and can’t be changed by Congress, the President or the Supreme Court. Other dates are established by acts of Congress and can be changed if Trump signs the bill. The irony here is that the Democrats were the ones claiming that Trump wanted to change the date of the election or refuse to leave office. Now the shoe is on the other foot.

Trump could offer a deal to the Democrats.

If the Democrats refuse the deal, the election will go forward on November 3 followed by interminable lawsuits.

If the Democrats take the deal, they will immediately resort to lawfare to void certain parts of the deal, but with Amy Barrett on the Court, the President can count on winning these contests.

1,608 posted on 10/21/2020 12:21:20 PM PDT by Publius ("Who is John Galt?" by Billthedrill & Publius available at Amazon.)
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