May 23, 2024

How “Lawfully Certified” Electors will determine the Presidency

Written By Kevin Fobbs and Susan Swift | Dec 18, 2020| Courtesy of CommDigiNews

Despite the media’s pronouncements, neither candidate for president can conclusively claim victory until January 6, 2021, or even later, until all of the electoral ballots have officially been counted. On Monday, December 14th, several states cast alternative slates of electors for President. So the definition of “Lawfully Certified” electors can determine the presidency and the future course of America and electoral justice. How it will work and who truly decides is key!

When the Joint Session of Congress convenes on January 6th, Vice President Pence will preside over the official counting of electoral ballots in his capacity as President of the Senate.

Pence will call for objections to each state’s slate of electors. We can anticipate that at least one House Representative and one Senator will file written objections to the swing state slates challenging pro-Biden electors.

Once a challenge is formally made in the Joint Session, the House and Senate must separately consider which electors’ votes will count. The Senate should support the pro-Trump slate, while the House will break from the Senate and oppose the alternate pro-Trump slate. Thus resulting in a break between the bodies, which will send the question of the President-elect to the states, where Republicans outnumber Democrats.

If everyone is brave, the house will re-elect President Trump.

The final determination may hinge on which ballots are determined to be “lawfully certified” by the “lawful tribunal of such State” and therefore conclusive under Electoral Count Act 3 U.S.C. §15.
The Constitution provides that “[w]hen the two houses disagree, then the statute [3 U.S.C. §15] states that the votes of the electors whose appointment was certified by the governor of the state shall be counted.”

The only guiding precedent for the statute’s application suggests the latter and more recent certification of the state’s electors by its governor should be accepted. This occurred in 1961:

When the governor of the state of Hawaii first certified the electors of Vice President Richard M. Nixon as having been appointed, and then, due to a subsequent recount which determined that Senator John F. Kennedy had won the Hawaii vote, certified Senator Kennedy as the winner. Both slates of electors had met on the prescribed day in December, cast their votes for President and Vice President, and transmitted them according to the federal statute. This was the case even though the recount was apparently not completed until a later date, that is, not until December 28. The Presiding officer, that is the President of the Senate, Vice President Nixon, suggested “without the intent of establishing a precedent” that the latter and more recent certification of Senator Kennedy be accepted so as “not to delay the further count of electoral votes.” This was agreed to by unanimous consent.

Therefore, it is critical for Republican-controlled state legislatures in swing states to ensure an alternate slate of pro-Trump electors can lawfully replace the pro-Biden slate certified by its Democrat governors.

Swing state legislatures should immediately conduct formal hearings regarding voter fraud; conclude whether the popular vote was corrupted due to that fraud; render a legislative decision to set aside the popular vote based upon the evidence supporting its conclusions of voter fraud; formally designate electors according to its state constitutional powers; and order their respective governors to certify the alternative slate of electors.

If a governor refuses to comply with the legislature’s order, the legislature must immediately file suit in its own state supreme court for an order of mandamus directing the governor to comply with the legislature’s directive to preserve an argument for judicial review that the governor’s prior certification of a slate of electors is null and void.

A governor’s refusal to certify the legislature’s new slate is conclusively fraudulent because it usurps the legislature’s exclusive power to determine the time, place, and manner of state elections.

Given the Supreme Court’s repeated reluctance to take up cases presenting issues of voter fraud, neither Democrats nor Republicans should expect guidance from the Supreme Court on this matter.  It will be decided in the Joint Session.

The House will vote to reject all alternative elector

Presumably, the Senate should vote to accept them.  This will present a deadlock on the floor when the Joint Session resumes. Then, armed with two different lawfully certified slates of electors, the President of the Senate, Mike Pence, will have legal precedent to cast a tie-breaking vote in favor of the latter and more recent certification of the contested state’s electors, just like Nixon did in 1960.

Only two or three states need to contest their elections, lawfully certifying alternative ballots together totaling 36 electoral votes, to defeat massive voter fraud and judicial corruption in order to declare Donald Trump the 46th president.

Brave eyewitnesses have been doxxed, and physically threatened for asking the legislature and the courts to weigh the evidence they saw and heard. Their families have been threatened with death.

Americans stepped forward as whistleblowers to expose corruption. They did so because they had faith in our Republic. They believed the GOP would act to protect the liberty they love, the freedom so many Americans have fought and died for.

Yet not one court of law has examined the evidence.  Purportedly more than 50 courts have rejected the suits alleging voter fraud, including the Supreme Court itself, all relying on a civil procedure such as “laches” and issues of “standing” to wash their hands of the matter, to cower in their black robes behind the dusty tombs of legal precedents.  The courts have betrayed the law itself and therefore, the people will reject the courts’ jurisdiction and power. They now look to the Republicans in state and federal office for the justice the courts have repeatedly denied.

The GOP can boldly rely on the very laws that the Founding Fathers enshrined in the 12th Amendment.  They have precedent and procedure to embrace the “lawfully certified” ballots and reject the fraudulent Biden electors.  All it takes is courage and unity on January 6th.

Unless the GOP unites in a massive, coordinated national effort to counter the blatant voter fraud, to expose and reject the fraudulent “president-elect” and the Democratic machine that has advanced him to the precipice of power to right the ship of state on January 6, 2021, over 80 million Americans and their children and their children’s children will never back a Republican candidate or proposal ever again.

They will form a new party, a Patriot Party, and if necessary, will band together to refresh the Tree of Liberty with the blood of tyrants across this nation.

Tags: 2020 electionelectors for PresidentLawfully Certified electorsTrump vs. Biden

Kevin Fobbs and Susan Swift