Those of you exercised about voter fraud—as well as you Congresspeople who meet to certify the vote of the Electoral College today— may want to read this legal argument which contends that as many of 44% of votes cast for President in the 2016 election may be invalid.
According to a thousand pages of argument, analysis, and documentation prepared by Americans Take Action, numerous members of the Electoral College cast their votes improperly. We’re talking legal technicalities here, violations of federal and state law governing a process that’s used once every four years and which in normal times is viewed as a mere formality stamping approval on the will of the people. Of course, since the Electoral College has selected a President whose (negative!) margin in the popular vote is the third-lowest winner’s margin in American history, these are not normal times.
For example, the argument identifies 23 states—including Trump cruxes Florida, Michigan, Pennsylvania, and Wisconsin—that did not put their Electoral College votes in “two distinct lists” as required by federal law, thus rendering 236 Electoral College votes invalid.
South Dakota makes that list, as well as the list of states where electors may have violated state laws against holding multiple offices. Our three electors—Governor Dennis Daugaard, Attorney General Marty Jackley, and Regent Pam Roberts, whom Daugaard and Jacjley picked to fill in for absent Matt Michels—all hold public offices which Americans Take Action contends are incompatible with serving as an Elector. The group cites common law via Sturgis v. Koch (1998), which says, “Two offices or positions are incompatible when one has the power of appointment to the other and the power to remove the other and if there are many potential conflicts of interest between the two, such as salary negotiations, supervision and control of duties and obligations to the public to exercise independent judgment.” ATA contends that the Governor cannot be an Elector because SDCL 12-24-2 empowers the Governor to appoint an Elector to replace an absent Elector… if the Electors tie, at which point the Governor doesn’t actually “appoint” but “shall decide by lot,” meaning the real power is with Fate, not the Governor.
South Dakota’s Governor has been an Elector in every Presidential election I’ve voted in. ATA sounds like it’s stretching. Snopes.com seems to agree:
Critics contend that none of these arguments is particularly persuasive, holding that the Constitution grants state legislatures the power to appoint electors in any manner of their choosing, that serving as an elector does not constitute “holding an office” (and that, in any case, electors have long been drawn from the ranks of elected officials without objection), and that the formality of submitting dual lists is one that has long been (in the words of Shakespeare) “more honored in the breach than the observance” [“Group Claims More Than 50 Trump Electors Were ‘Illegitimate’,” Snopes.com, 2017.01.05].
A few Democratic House members have signaled they are considering challenging the Electoral College certification, but more on questions about Russian interference in the election and voter suppression in the popular vote, not these Electoral College technicalities. Rep. Sheila Jackson Lee (D-TX) says she’ll raise heck at today’s 1 p.m. vote, but like Rep. Maxine Waters and the Congressional Black Caucus in 2001, Rep. Lee hasn’t found a Senator to support her challenge, and Congress hears no challenge to the Electoral College vote without a member of each chamber signing on.
The ATA arguments against the Electoral College vote are thin at best. But they at least provide more documentable evidence of improper Electoral College votes on December 19 than Donald Trump and his minions have ever given that millions of people voted illegally on November 8.
Drumpf and wingnuts certainly gave more credence to the lie that 3 million illegals voted in California than they have given to the fact that Russia sided with Drumpf in their election hackings.
Chances are Drumpf still won’t accept the Intelligence community’s findings and he would disregard then anyway.
Looking at the voting rules (the rules for what counts as a legal vote), Trump’s ballot count could be as high as 50 cast not in accordance with the rules. Some of the objections – like not being able to hold two elected offices at one time – seem a bit trivial, but does “trivial” make a difference when looking at voting law eligibility (or does SD only get outraged about that when Daschle is involved?)? For states with multiple legislative districts, there are requirements that the elector lives in the district they are voting in representation for; some did not meet that requirement. I don’t get to have my vote counted if I cast it outside my district. Some filled out their ballots incorrectly by not separating their votes for President and Vice-President (those are two separate votes). Again, that seems trivial, but if I don’t correctly mark my ballot, it is not counted. The GOP and The President-Elect specifically put the country on high alert to the issue of voter fraud, now it seems that chicken has come home to roost.
This does not stop Trump from becoming president. It would stop an electoral college win (or more precisely stop the certification of that win). A House vote still puts Trump in the White House.
It all seems to go to the idea that process and rules only apply to “the other guys.” Or to look at it another way, some are above the rules.
Drumpf ordered ALL Ambassadors to vacate embassy premises by noon on inaugural day, no exceptions, potentially leaving no ambassadors in critical countries for weeks or months. Ambassadors previously were allowed extensions so their kids could finish school. Not with Donnie.
After today’s release of the intel report, how is this still a legitimate election? All this corruption…it is all so unjust. I don’t know if I am ever going to be able to wrap my brain around it.
The liberal redneck reports on Obama https://www.youtube.com/watch?v=nM5eiunbDzQ
The electoral college serves as nothing but a way for one vote to equal less-than one vote.
I’ve had it with the thing.
Jerry … Love Trey Crowder. Always wanted to post his “porch rants” on FreePress but didn’t know if the moderator would approve. Lot’s of people in SoDak have a “stick up there, between the cheeks” and his southern language choices aren’t always accepted as funny.
Thanks for this one.
PL
Mr. Crowder is an “ammosexual” and “doper”, so I’m going to send him an email encouraging to run for Governor in South Dakota.
I wish this Frontline could have been seen in October. Even with Putin and the Russian military fouling our electoral system with hacking and fake news, it would have been helpful to know what kind of madman we are getting. He is unhinged and we are gonna pay big time for it. http://www.pbs.org/wgbh/frontline/film/president-trump/
Jerry, when America goes straight to hell, ya know who’s gonna pay for it the most? Trumptards.
Once Florida loses 1-5% of its land mass due to global warming and ice burg melting – all because conservatives just won’t stop believing that Global Warming is a hoax – the rest of us will no longer be obligated to take the time to converse with those dummies. Instead of talking to them and listening to their non-sense, we can just poke them in chest and tell them to shut the F up.
Modern conservative psychology could very well be the factor that makes humans too weak to survive the longer haul of evolution in the universe – as it’s the root of how a species can destroy very the petri dish they live in.
Adam, hell does not exist, only the road there that the Russian military has directed us to take. As we take that road, what could be more enjoyable than one of the most favored treats on the corners of Moscow. Yes, I am indeed talking about Russian Shaurma wraps. One of the things Don’s folks discussed, was a taco truck on every corner, now we will have the Russian sandwich trucks on those corners. Better get used to chowing on cabbage for breakfast and if you are lucky, another meal of cabbage as well. Turnips as well, here we go.
Mr. jerry has never typed a truer set of 4 words than “hell does not exist”. He is righter than right on that end. Righter than right.
“The Intelligence Community on Friday published its hotly anticipated report documenting its probe into Russian interference in the U.S. election.
The crux: Intelligence officials have assessed that Russian President Vladimir Putin ordered a sweeping, multifaceted campaign geared at helping Donald Trump attain the White House.” hmmmm spin that republicans. maybe use natl enquirer….
http://thehill.com/policy/national-security/313143-5-key-findings-from-the-intelligence-report-on-russia
I keep hearing about several hundred thousand provisional ballots never opened.
wonder if russia has trump’s medical records
Conservatives can no longer call Liberals “Commies” now that their GOP has allied with Russia.
Having studied Russian, visited the Soviet Union, been called a Commie, and just watched Trumbo, I wonder, is there any chance that the uproar over Russian hacking pose any risk of triggering a 21st-Century version of the Red Scare among us non-Trumpists?
The red scare, and I fully remember it in the 50’s, was coming from over zealous, ultra conservatives. You’ve got a bunch of them on this blog but they’re still in worship mode. I say we retaliate militarily, immediately. If N. Korea had committed this “act of war” we’d park aircraft carriers around their country, like the Cuban blockade, until USA gets our satisfction or Russia runs out of vodka. They’re international swine and should be dealt with now. Putin is bringing his fleet home fast. He knows what consequences he deserves.
Iznit funny that Drumpf has drumpfed every single American intel agency and called American citizens stoopid, while the one constant for Drumpf has been his unwavering support of Putin and Russia and Assange?
Sure would like to see his tax returns to see who he is actually working for, because it ain’t America.
Maternal Gramma’s maiden name was Trumbo. Who or what Trumbo you be talking about, Master?
Here ‘ya go, MFI. This is the story of Dalton Trumbo. It was made into a film and Bryan Cranston was nominated for an Oscar for best actor. I watch over a hundred new movies every year (112 this year and 124 last year) and TRUMBO is a worthy watch. IMHO
https://en.wikipedia.org/wiki/Dalton_Trumbo
Thanks, Porter. I remember seeing Johnny Got His Gun on top of our piano as a young lad and even attempted to read it a time or two. But I was only in second grade at that time.
Do you think you’re related to John Dalton Trumbo? If so, that’s way cool. :)
This is more of an Orange Scare than a red one.
GOP will get Russia’s help in every election from here on out – if we do nothing to stop it. Putin knows he’s making America weaker by marginalizing the only competent people in America via cyber attacks while getting a bunch of loud mouthed idiots all riled up about nonsense. That’s the tactic Putin used to influence many elections in countries neighboring Russia, and now he’s reaching across the ocean to manipulate our conservatives because mushy brain tissue is abundant in that demographic.
Conservatives, let it be known that you are factually so disgracefully dumb that you and you’re President are STILL being played like a fiddle by Putin and it sickening how you actually still seem to LIKE IT. Your ‘worldly’ rural insight makes yall think you’ve made a new friend out there in Vladimir Putin – you’re a disgustingly stupid breed of man.
Good one, Adam.
No idea. Porter.
@Porter Lansing: “The red scare, and I fully remember it in the 50’s, was coming from over zealous, ultra conservatives.”
Jeebus, how old are you? I was under the impression you were maybe in your 60s which would make it nigh impossible to remember much of anything of the televised hearings in 1954 let alone comprehend the security issues and political context of the hearings.
Keep in mind that there were many anti-communist Democrats/liberals during the 50s and 60s including Hubert “Happy Warrior” Humphrey and JFK who campaigned on the false issue of the missile gap and was actively involved in the planning and execution in the failed attempt to overthrow the Cuban government at the Bay of Pigs.
Like Trump, McCarthy was a Democrat before he switched to the GOP:
http://www.coldwar.org/articles/50s/senatorjosephmccarthy.asp
McCarthyism found one of its strongest allies in South Dakota Republican Karl Mundt.
Worth noting is that the DNI/CIA/FBI report notes that Putin is using the same foreign propaganda tactics as the Soviets, with the same goal: spreading misinformation and sowing doubt to undermine Western liberal democracy.
He he I’m 63 ‘Yote. I was born in Florida and had family there that were scared to death during the missile crisis. I remember the tension in the family both in Florida and SoDak. I was allowed to start elementary school a year early and was the youngest in my class (started in Vermillion at 17). Of course there were nuclear bomb drills (cover your face and get under the desks), conelrad warnings, civil defense caches of supplies in the school basements and teachings against communism continually. I don’t remember the hearings, personally but the adults in my family talked about them. We were liberals and had South Dakota Democrat elected officials in the family continually until about the mid 90’s. As you say, we were all against communism … still are. But, communism and socialism are as different as apples and astronauts.