Govs Blocking Legislature Rights To Select Electors Face Federal Lawsuit

Daniel John Sobieski

When the Supreme Court of Chief Justice John Roberts rejected the lawsuit of the state of Texas and other states that said the election rules in contested battleground states like Pennsylvania were unconstitutionally written, SCOTUS ruled that it could not prove Texas or its citizens suffered harm by the processes by which another state selects electors and writes election rules.

This of course is nonsense. Supreme Court Justices are like field goal kickers. They have one job. In the case of SCOTUS, it is to protect and defend the Constitution of the United States of America. We are a union of states, operating by the consent of the governed, and any state is harmed when another state is allowed to willy-nilly ignore its own state constitution and the Constitution of the United States in favor of the whims and agendas of activist governors and activist state courts.

What the U.S. Constitution actually says is the state legislatures determine things. The Electors Clause — Article II, Section 1, Clause 2 of the U.S. Constitution — provides that “[e]ach 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.”

States are not allowed, as in Pennsylvania, to do end runs around constitutional imperatives. When the governor of Pennsylvania could not get last-minute Biden-friendly election changes through the state legislature, he went to aan activist “living Constitution” state Supreme Court which gleefully complied. Except that governors and state courts are not allowed to bypass state legislatures. A lawsuit by the Amistad Project of the non-partisan Thomas More Society attempts to correct this grievous usurpation of constitutional power:

The Amistad Project of the non-partisan Thomas More Society has filed a lawsuit in the United States District Court for the District of Columbia demanding that legislatures in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin be allowed to certify electors prior to congressional certification.

“Kings and Queens dissolve parliaments and legislative bodies, not Governors. At least that was the case until this year. Governors in these contested states have declared themselves to be the law due to COVID and are now actively preventing the state legislatures from exercising their constitutional authority to review the election process,” said Phill Kline, Director of the Amistad Project.

The lawsuit argues that current federal and local statutes interfere with state legislatures’ constitutional right to certify Presidential electors, in a direct violation of separation of powers. It also cites an Amistad Project white paper which illustrates how the Electoral College vote deadline of December 14 is arbitrary and does not apply to the contested states.

The state legislatures clearly have the constitutional right and authority to determine how presidential elections are selected and by what rules and whether election results are certified. According to legal scholar and Professor Emeritus at Harvard Law School Alan Dershowitz, state legislatures can even decertify election results they consider fraudulent and pick their own electors:

“If the state legislatures determine that fraudulent votes have been cast during the Presidential election, they could decide to select alternate Electoral College electors who can support Trump’s presidential claim….,” lawyer and legal scholar Alan Dershowitz said in an interview with Fox News.

That is what those who orchestrated the biggest electoral theft and fraud in human history seek to prevent. Having already thwarted thw will of the people at the ballot box, they seek to deny the people, through theor elected representatives in their respective state legislatures the right to examine the documented evidence of fraud, debate, and select electors according to the true intentions of the voters and the powers granted to the legislatures by the Constitution of the United States.

President Trump’s trade adviser Peter Navarro has documented the widespread fraud, now departed Jeff Sessions clone William Barr couldn’t see while he was attorney general:

President Donald Trump’s trade adviser Peter Navarro has an explosive update to his previously released comprehensive report that supported the Trump campaign’s claims of the “theft by a thousand cuts” that was the 2020 election.

Now, he is calling for a full review of election misbehavior, as WND reports.

In a Vimeo video on Monday, he explained that additional data and documents from the battleground state of Michigan have the potential to flip the election from a Joe Biden victory to President Donald Trump.

“I’ve concluded that the number of possible illegal votes in the state of Michigan tops 379,000 ballots, more than twice the alleged victory margin of Joe Biden,” Navarro declared.

Official vote totals for the state, where there have been compelling allegations of fraud and irregularities, record Biden as winning their 16 Electoral College votes by a scant 150,000 votes.

Navarro’s detailed 36-page report released last week, “The Immaculate Deception: Six Key Dimensions of Election Irregularities,” had not contained the specific number of ballots he believed was illegal.

He concluded that at least 100,000 ballots in Arizona, Georgia, Nevada, Pennsylvania, and Wisconsin could have been illegal and if these were ruled as such, it would prove Trump was the legitimate winner of the election.

The White House official accused the Democrats of having launched a “coordinated strategy to effectively stack the election deck against the Trump-Pence ticket.”

His report charged “outright voter fraud, ballot mishandling, contestable process fouls, Equal Protection Clause violations, voting machine irregularities and significant statistical anomalies” in Georgia, Pennsylvania, Michigan and Wisconsin on Election Day.

Navarro also stated it’s been confirmed that there were 9,500 Michigan ballots from dead voters and an additional 2,000 votes that were more than 100 years old but listed among the states centenarians.

What’s more, Wayne County had over 174,000 absentee ballots with no individual voter registration numbers, which would make them illegal.

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In Georgia, where a $107 million contract Gov. Brian Kemp signed with Dominion Voting Systems and a consent decree with Biden Democrat Stacey Abrams opened the door to widespread election fraud, legislators are moving to decertify Georgia’s results:

A committee of lawmakers in contested swing state Georgia have recommended that the election results in their state that have declared Joe Biden to be the winner of the 2020 presidential race be decertified.

This recommendation comes after a study conducted by the Standing Senate Judiciary Committee that culminated in a report which declared the election “was chaotic and any reported results must be viewed as untrustworthy.”  …

The report stated that the legislature needed to examine their findings and act accordingly to decertify the election results were members convinced by its assertion.

“The Legislature should carefully consider its obligations under the U.S. Constitution. If a majority of the General Assembly concurs with the findings of this report, the certification of the Election should be rescinded and the General Assembly should act to determine the proper Electors to be certified to the Electoral College in the 2020 presidential race,” it stated.

They called for the immediate convening of the necessary bodies to examine the evidence.

An investigation into the connection of Dominion Voting Systems with Georgia politicians, ironically Republican ones,  as the Democrats are preparing to march through Georgia on January 5 and steal two Senate seats from the GOP, enabling them to destroy our democracy and end our constitutional liberties is being conducted by the good folks at American Oversight:

In July 2019, Georgia Secretary of State Brad Raffensperger announced that the state had awarded a $107 million contract to manufacturer Dominion Voting Systems to replace existing voting machines with a new “verified paper ballot system.” As reported by the Atlanta Journal-Constitution, both Dominion and the state’s former elections company, Election Systems & Software, had connections with Gov. Brian Kemp’s administration. Dominion lobbyist Jared Thomas had been a longtime political and campaign aide to Kemp, who previously served as secretary of state, and another lobbyist, Barry Herron, had worked for Diebold Election Systems, which had originally sold Georgia its electronic voting machines.

Georgia voters had complained about malfunctioning voting machines after the November 2018 midterm elections, even filing a lawsuit aimed at overhauling the state’s election system, including the electronic machines. But critics worry that the new electronic ballot-printing devices from Dominion won’t be much better, contending that hand-marked paper ballots remain the most secure voting method. In fact, the new devices were given a test run in six Georgia counties during the November 2019 election and ran into a number of issues. And records we’ve already obtained showed that voter check-in devices used “1234” as their default password — an “exceptionally weak security measure.” (State officials have said the passwords have been changed.)

Elsewhere in the state, voters reported long lines and ballot issues, and concerns remain about the hidden costs of the new voting system, the state’s planned purge of 300,000 names from its voter rolls, and security weaknesses in voting equipment. With the 2020 elections looming and the security of U.S. voting systems less than certain, American Oversight is investigating state officials’ communications with Dominion Voting Systems and its subcontractor KnowInk and is requesting records that could shed light on how the state is working to ensure secure and accurate elections.

If Bill Barr or John Roberts want evidence of anti-Trump foreign actors being able to meddle in our elections, he should get in touch with Secretary of State Ruth R. Hughes of Texas re-read her report, “REPORT OF REVIEW OF DOMINION VOTING SYSTEMS”, detailing why Texas rejected the use of their voting machines and software:

The nation’s three largest voting machine manufacturing vendors — Election Systems & Software (ES&S), Dominion Voting Systems, and Hart InterCivic — have all publicly acknowledged that they place modems in some of their vote tabulators and scanners.

While the vendors claim that their “firewalls” protect computers from outside interference, many of the nation’s leading technical experts say this claim is bogus

“Once a hacker starts talking to a voting machine through the modem,” says Princeton University Computer Science professor Andrew Appel, “they can hack the software and make it cheat in future elections.” It’s as straightforward as that.

So, what can we do?

“We should be unplugging all of these machines from the internet,” says Kevin Skoglund, the computer scientist who led the 10-expert investigatory team. This means keeping elections technologies disconnected all the time, including on election night.

“We cannot make our computers perfectly secure,” says Andrew Appel. “What we should do is remove all of the unnecessary, hackable pathways, such as modems. We should not connect our voting machines directly to the computer networks. That is just inviting trouble.”

This was a multi-pronged assault on our electoral process by enemies of our democracy, both foreign and domestic. Fortunately, the Founding Fathers wrote a Constitution which freed us from one set of tyrants and which, if followed, could set us free from the current set of deep state tyrants and give President Trump the second term that was srolen from him.

The constitutional and sole authority of legislatures to run and certify elections must be restored.

*Daniel John Sobieski is a former editorial writer for Investor’s Business Daily and freelance writer whose pieces have appeared in Human Events, Reason Magazine, and the Chicago Sun-Times among other publications.

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