Article II
Section 1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows.
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 in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The key part here is what the definition of Manner is. The laws of the different states as to what constitutes a legal vote is the Manner. The Navarro report consolidates all the fraud and irregularities in the battleground states and shows that the number of possibly illegal ballots in each state is multiple times greater than the margin of victory for Biden. Moreover, it highlights the fact that at midnight on November 3rd Trump had substantial margins in most of the battleground states. In sum, the Trump electors seated on December 14 followed the Manner established by each state's Legislature as prescribed by the Constitution regardless of certification by the executive branch of that state (more on this point below).
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
******Now here is where it gets really interesting and how I think Trump flips the script. There have been many posts stating that Trump's electors need to be certified for Pence, as President of the Senate, to choose to accept those instead of the Biden electors. But after reading the text closely, I conclude that the Trump electors are the ones who shall sign and certify and then transmit their votes to the President of the Senate, not the governor of the state and NOT THE LEGISLATURE (they don't even need to send them). This means Mike Pence has the Constitutional authority to open and count the Trump electors which voted based on the legal votes counted.
Of course, it will be challenged by the House of Representatives but the Senate at this point could follow Mitch McConnell's guidance and not challenge the results. The result is the contingent election of Trump. Then it will probably be taken to the Supreme court which, after dismissing all of the Trump lawsuits, will find it hard to justify taking on an eleventh hour case by Democrats. But if it does, the Constitution is on Trump's side and at that point the SCOTUS will be challenged to interfere and overturn the result.******
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:– I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
******Final point; President Trump took an oath to preserve, protect and defend the Constitution. If the SCOTUS does not do it's job then he has the moral and legal authority to take military action against the domestic and foreign enemies of the U.S. I know a lot of Pedes want him to take that path now but he probably doesn't have to as shown above.
Thanks for reading and God bless you all.******
That’s the electoral count act of 1877 and there are actually 3 situations it outlines, each with its own way of resolving it. However some say it’s unconstitutional and so Pence can proceed following the constitution and then it’s up to dems to fight what happens in court lol