5
underthesmellybridge 5 points ago +6 / -1

The VP is the President of the Senate and presides over the joint session of Congress on January 6 where the electoral votes are counted.

However, the VP has ZERO authority to unilaterally disregard a state's electoral votes.

In fact, 3 U.S.C. Β§ 15 is very clear that all state electoral returns must be reviewed:

all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States,

2
underthesmellybridge 2 points ago +2 / -0

Safe harbor (December 8) (3 USC 5) just means that if all challenges are resolved by that date then no more challenges can be brought. Obviously it won't apply to the Trump campaign's challenges, which are ongoing.

The electors vote when they vote. Nothing prevents those votes from being challenged later, including when they are counted by Congress on January 6th (3 USC 15).

What happens when there are enough viable (or even persuasive) challenges to change the result on January 6th is anyone's guess. This is an unprecedented situation.

2
underthesmellybridge 2 points ago +2 / -0

Could they? Yes.

The problem is the question of what would they challenge at SCOTUS?

The Wisconsin Supreme Court did not deny Trump's challenge; it just said that he has to start it in the circuit court.

SCOTUS could rule otherwise, eventually, but that would just force the campaign to start over at the Wisconsin Supreme Court.

There's also the fact - as one of the dissenting justices noted (Chief Justice Roggensack, on page 4 of the opinion) that the challenge will require taking evidence and appellate courts (like the Wisconsin Supreme Court, and SCOTUS) don't take evidence. That's what the trial courts are for. There isn't even a witness stand in the Wisconsin Supreme Court courtroom (or the SCOTUS courtroom, for that matter).

by stoombs
3
underthesmellybridge 3 points ago +4 / -1

He can't use the Office of President to push his candidacy.

Wrong.

The law you're referencing is the Hatch Act, which prohibits electioneering by federal officials on federal time.

However, the President (along with the Vice President) is exempt from the Hatch Act.

Accordingly, no law prevents Trump from giving an election speech from the White House (including the oval office).

See: https://www.refinery29.com/en-us/2020/08/9949970/hatch-act-violation-president-trump-administration

2
underthesmellybridge 2 points ago +2 / -0

TAKE A DEEP BREATH, AND THEN APPRECIATE HOW HUGE THIS IS

This somewhat-swampy article from the Arizona Republic newspaper (archive here) explains that the GOP was allowed to inspect a total of 200 ballots to find hard evidence of fraud.

100 early (mail-in) ballots can be checked for signature matching

100 duplicate ballots (created when the original was damaged such that it couldn't be read by the counting machines) can be checked for accuracy.

During the preliminary hearing, Warner said he would allow Ward's lawyers to compare signatures on 100 random early ballot envelopes with the signatures on file for those voters, instead of the thousands of ballots Ward's team initially sought to review.

He said he would let the team inspect 100 ballots election officials worked to duplicate after tabulators failed to read them as well.

This video announcement from Dr. Kelli Ward, Chairwoman of the Arizona Republican Party, announces that of the 100 duplicate ballots inspected, one vote was switched from Trump to Biden and one Trump vote was not counted. That's a net change of three votes (Trump -2, Biden +1).

That's HUGE but not the end of the game when it comes to the election because there are a relatively small number of duplicate ballots (again, they're created only when the original is damaged).

The signature matching of the other 100 ballots is the real potential game changer, because there were more than 2 million early ballots case in Arizona. A 3% error rate there would invalidate the entire election.

2
underthesmellybridge 2 points ago +2 / -0

TAKE A DEEP BREATH, AND THEN APPRECIATE HOW HUGE THIS IS

This somewhat-swampy article from the Arizona Republic newspaper (archive here) explains that the GOP was allowed to inspect a total of 200 ballots to find hard evidence of fraud.

100 early (mail-in) ballots can be checked for signature matching

100 duplicate ballots (created when the original was damaged such that it couldn't be read by the counting machines) can be checked for accuracy.

During the preliminary hearing, Warner said he would allow Ward's lawyers to compare signatures on 100 random early ballot envelopes with the signatures on file for those voters, instead of the thousands of ballots Ward's team initially sought to review.

He said he would let the team inspect 100 ballots election officials worked to duplicate after tabulators failed to read them as well.

This video announcement from Dr. Kelli Ward, Chairwoman of the Arizona Republican Party, announces that of the 100 duplicate ballots inspected, one vote was switched from Trump to Biden and one Trump vote was not counted. That's a net change of three votes (Trump -2, Biden +1).

That's HUGE but not the end of the game when it comes to the election because there are a relatively small number of duplicate ballots (again, they're created only when the original is damaged).

The signature matching of the other 100 ballots is the real potential game changer, because there were more than 2 million early ballots case in Arizona. A 3% error rate there would invalidate the entire election.

17
underthesmellybridge 17 points ago +17 / -0

TAKE A DEEP BREATH, AND THEN APPRECIATE HOW HUGE THIS IS

This somewhat-swampy article from the Arizona Republic newspaper (archive here) explains that the GOP was allowed to inspect a total of 200 ballots to find hard evidence of fraud.

100 early (mail-in) ballots can be checked for signature matching

100 duplicate ballots (created when the original was damaged such that it couldn't be read by the counting machines) can be checked for accuracy.

During the preliminary hearing, Warner said he would allow Ward's lawyers to compare signatures on 100 random early ballot envelopes with the signatures on file for those voters, instead of the thousands of ballots Ward's team initially sought to review.

He said he would let the team inspect 100 ballots election officials worked to duplicate after tabulators failed to read them as well.

This video announcement from Dr. Kelli Ward, Chairwoman of the Arizona Republican Party, announces that of the 100 duplicate ballots inspected, one vote was switched from Trump to Biden and one Trump vote was not counted. That's a net change of three votes (Trump -2, Biden +1).

That's HUGE but not the end of the game when it comes to the election because there are a relatively small number of duplicate ballots (again, they're created only when the original is damaged).

The signature matching of the other 100 ballots is the real potential game changer, because there were more than 2 million early ballots case in Arizona. A 3% error rate there would invalidate the entire election.

2
underthesmellybridge 2 points ago +2 / -0

Arizona certified on Monday.

State law (the link this post goes to) says the challenge must be filed within five days of certification.

Today is day two. Three days left.

1
underthesmellybridge 1 point ago +1 / -0

You're both reading it wrong and she's got it wrong.

They can open the boxes. The can even recount the ballots in the boxes. They just can't use the results of the recount if the number of ballots recounted is different from the number of votes cast (in the poll books).

1
underthesmellybridge 1 point ago +1 / -0

She's not totally right about not being allowed to open the boxes.

The state law she's talking about is MCL 168.874(2)(a):

The ballots from any given precinct shall first be counted and the total compared with the number of ballots issued on election day as shown on the poll list. If the first count of the number of ballots and the number of ballots issued on election day as shown on the poll list do not match, the ballots from that precinct shall be counted a second time and the total compared with the number of ballots issued on election day as shown on the poll list. If the second count of the number of ballots and the number of ballots issued on election day as shown on the poll list do not match, those ballots shall not be recounted as provided in section 871. If the second count of the number of ballots and the number of ballots issued on election day as shown on the poll list match, the ballots from that precinct shall be counted a third time and the total compared with the number of ballots issued on election day as shown on the poll list. If the third count of the number of ballots and the number of ballots issued on election day as shown on the poll list do not match, those ballots shall not be recounted as provided in section 871.

If the number of people who voted (the number of ballots issued on election day as shown on the poll list) does not match the number of votes case (the number of ballots) then no recount is conducted and the original results of the precinct are used.

1
underthesmellybridge 1 point ago +1 / -0

If you won't stand up now, you won't stand up ever.

-1
underthesmellybridge -1 points ago +1 / -2

Weapons maintenance, hope, and prayer?

That'll get us a new president on January 20th.

6
underthesmellybridge 6 points ago +6 / -0

The grounds for a contest in Arizona for a state election (and that's what the presidential election is - a state election for the position of presidential elector) are:

  1. For misconduct on the part of election boards or any members thereof in any of the counties of the state, or on the part of any officer making or participating in a canvass for a state election.

  2. That the person whose right to the office is contested was not at the time of the election eligible to the office.

  3. That the person whose right is contested, or any person acting for him, has given to an elector, inspector, judge or clerk of election, a bribe or reward, or has offered such bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise.

  4. On account of illegal votes.

  5. That by reason of erroneous count of votes the person declared elected or the initiative or referred measure, or proposal to amend the constitution, or other question or proposal submitted, which has been declared carried, did not in fact receive the highest number of votes for the office or a sufficient number of votes to carry the measure, amendment, question or proposal.

Source: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/16/00672.htm

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