PA State Rep. Russ Diamond statement below.
Contact info: https://docs.google.com/spreadsheets/d/1jbYwILWZvf-mjMubxaL8fTwgvDF8qshmxTEMkXAqNLI/htmlview PLENARY AUTHORITY- A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. Some are opining that since TX v. PA was denied by SCOTUS, my resolution to appoint presidential electors is now moot. That is not the case at all. The General Assembly’s plenary authority to appoint presidential electors is not reliant on the outcome of any court case. As I stated before, state legislatures ALWAYS have this authority. It certainly should not be exercised willy-nilly; using it at this juncture requires justification. We have such justification, independent of any claims or findings of fraudulent votes being cast or counted. If you really care about our nation, our commonwealth, and the rule of law, take some time to follow along here… PREMISE: PENNSYLVANIA’S PROCESS FOR CHOOSING PRESIDENTIAL ELECTORS WAS UNLAWFUL, AND AS SUCH HAS FAILED.

1. Article II, Section 1, Clause 2 of the US Constitution empowers state legislatures to direct the manner of appointing electors for President and Vice President of the United States. The General Assembly has done so via the Pennsylvania Election Code.
2. Pennsylvania’s judicial and executive branches issued decisions and guidance that contravene the Pennsylvania Election Code. Election officials in certain PA counties acted upon the lawless decisions and guidance of PA’s Executive and Judicial branches while conducting the 2020 General Election.
3. As such, the 2020 General Election process, which purports to have selected presidential electors was unlawful and invalid.
4. Because the election was unlawful and invalid, Pennsylvania has failed to select presidential electors. We do not need to prove fraud during the election itself, because the election was doomed before it even occurred due to lawless actions by the PA Supreme Court, the Executive branch, and others in certain counties.
5. 3 U.S. Code § 2 states "Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct."
6. The state legislature can exercise its plenary authority under Article II, Section 1, Clause 2 to appoint presidential electors. A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. The US Supreme Court affirmed the plenary authority in appointing electors for state legislatures in McPherson v. Blacker.
7. Exercising that plenary authority to appoint presidential electors is a function of the US Constitution, not the state constitution. The General Assembly would be acting to fulfill a federal, not state, function.
8. The supremacy clause of the US Constitution - Article VI, Section 2, Clause 2 – holds that the General Assembly, acting with its plenary authority to appoint presidential electors, can bypass provisions of the state constitution and state statute to do so, even to include provisions dictating the times and meeting places for the General Assembly for the purpose of exercising that plenary authority. CONCLUSION: THE PENNSYLVANIA GENERAL ASSEMBLY CAN, AND SHOULD, EXERCISE ITS PLENARY AUTHORITY TO APPOINT PRESIDENTIAL ELECTORS BECAUSE PENNSYLVANIA’S PROCESS FOR CHOOSING PRESIDENTIAL ELECTORS WAS UNLAWFUL, AND AS SUCH HAS FAILED. The resolution I introduced today spells out all the details of this premise, and provides the remedy to restore the rule of law. We have spent far too much time standing down while the state courts and the executive branch have ignored and mocked the rule of law, because they like to think they’re unassailable. However, this is one area where the General Assembly actually is unassailable, if it only has the collective will to stand up for itself. This resolution is my offer to help my colleagues in the General Assembly accomplish that. Download and read it for yourself, line by line, here: https://drive.google.com/.../1-NQYOnu0hD3pOfF.../view... I understand it might take a bit of time to fully grasp this concept. It took me a few days to get my head around it. But isn’t our nation, our commonwealth, and our Liberty worth a bit of effort? I think so.

PA State Rep. Russ Diamond

2h · PLENARY AUTHORITY- A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. Some are opining that since TX v. PA was denied by SCOTUS, my resolution to appoint presidential electors is now moot. That is not the case at all. The General Assembly’s plenary authority to appoint presidential electors is not reliant on the outcome of any court case. As I stated before, state legislatures ALWAYS have this authority. It certainly should not be exercised willy-nilly; using it at this juncture requires justification. We have such justification, independent of any claims or findings of fraudulent votes being cast or counted. If you really care about our nation, our commonwealth, and the rule of law, take some time to follow along here… PREMISE: PENNSYLVANIA’S PROCESS FOR CHOOSING PRESIDENTIAL ELECTORS WAS UNLAWFUL, AND AS SUCH HAS FAILED.

1. Article II, Section 1, Clause 2 of the US Constitution empowers state legislatures to direct the manner of appointing electors for President and Vice President of the United States. The General Assembly has done so via the Pennsylvania Election Code.
2. Pennsylvania’s judicial and executive branches issued decisions and guidance that contravene the Pennsylvania Election Code. Election officials in certain PA counties acted upon the lawless decisions and guidance of PA’s Executive and Judicial branches while conducting the 2020 General Election.
3. As such, the 2020 General Election process, which purports to have selected presidential electors was unlawful and invalid.
4. Because the election was unlawful and invalid, Pennsylvania has failed to select presidential electors. We do not need to prove fraud during the election itself, because the election was doomed before it even occurred due to lawless actions by the PA Supreme Court, the Executive branch, and others in certain counties.
5. 3 U.S. Code § 2 states "Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct."
6. The state legislature can exercise its plenary authority under Article II, Section 1, Clause 2 to appoint presidential electors. A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. The US Supreme Court affirmed the plenary authority in appointing electors for state legislatures in McPherson v. Blacker.
7. Exercising that plenary authority to appoint presidential electors is a function of the US Constitution, not the state constitution. The General Assembly would be acting to fulfill a federal, not state, function.
8. The supremacy clause of the US Constitution - Article VI, Section 2, Clause 2 – holds that the General Assembly, acting with its plenary authority to appoint presidential electors, can bypass provisions of the state constitution and state statute to do so, even to include provisions dictating the times and meeting places for the General Assembly for the purpose of exercising that plenary authority. CONCLUSION: THE PENNSYLVANIA GENERAL ASSEMBLY CAN, AND SHOULD, EXERCISE ITS PLENARY AUTHORITY TO APPOINT PRESIDENTIAL ELECTORS BECAUSE PENNSYLVANIA’S PROCESS FOR CHOOSING PRESIDENTIAL ELECTORS WAS UNLAWFUL, AND AS SUCH HAS FAILED. The resolution I introduced today spells out all the details of this premise, and provides the remedy to restore the rule of law. We have spent far too much time standing down while the state courts and the executive branch have ignored and mocked the rule of law, because they like to think they’re unassailable. However, this is one area where the General Assembly actually is unassailable, if it only has the collective will to stand up for itself. This resolution is my offer to help my colleagues in the General Assembly accomplish that. Download and read it for yourself, line by line, here: https://drive.google.com/.../1-NQYOnu0hD3pOfF.../view... I understand it might take a bit of time to fully grasp this concept. It took me a few days to get my head around it. But isn’t our nation, our commonwealth, and our Liberty worth a bit of effort? I think so.