The fraud at the heart of the 2020 election has left the American people with only one surefire remedy: They must demand that Republican state lawmakers send pro-Trump electors to Congress.
By now, every Republican in the country knows what happened on Tuesday night. Donald Trump was headed solidly toward reelection. His lead in Wisconsin, Michigan, Georgia, and Pennsylvania was massive and, based on the left’s own models, practically insurmountable.
And then, at 10:30 p.m., the votes simply stopped coming in. From Atlanta to Detroit to Philadelphia, tallies stopped coming out for hours on end. When the tallying resumed, Joe Biden rapidly surged into the lead in key states, with his improvement attributed entirely to the black box of “mail-in ballots.” Already, accounts of fraud and impropriety have started to pile up. Counting resumed, then stopped again, then resumed again. States have taken days to do what could easily be done in hours; often votes keep coming in even as nobody seems to know how many ballots actually remain to be counted. In Pennsylvania, officials are counting ballots that arrive after Election Day with no postmark, even though a postmark is the only means at all of ensuring a late-arriving ballot isn’t fraudulent. In North Carolina, officials have simply announced that they won’t announce any more votes for another week.
North Carolina won't update its total vote count until Nov. 12. The state is crucial for President Trump's path to victory. Here are the @NBCNews numbers. #Election2020 https://t.co/rp4VMjL3cC pic.twitter.com/ae71Rt79ax— CNBC Politics (@CNBCPolitics) November 4, 2020
This is a disgrace and an embarrassment, of course. But more importantly, it’s an outcome that nobody can trust.
If this continues, and the courts enable it rather than stopping it, then conservatives have only one option for preserving the legitimacy of the election and of the U.S. system of government: They must demand that the legislatures in disputed states step in to appoint their own slate of electors. The legislatures indisputably possess the power to do this.
In our piece Wednesday morning, Revolver described a little-known facet of constitutional law concerning the Electoral College. Article II of the U.S. Constitution describes how the process works:
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. [Justia]
The first line is the critical one. Under the Constitution, authority to appoint electors isn’t generally delegated to the states, but instead specifically is granted to the state legislature.