The State Legislatures Can Still Rescue the Presidential Election (Or Not)

Via Billy

 

  

Anyone who thinks he knows how things will develop when the Electoral College votes are counted on January 6 is probably smoking something. In theory, since all the electors have been “certified,” there’s nothing the legislatures can do now. To quote Porgy and Bess, “It ain’t necessarily so.”

Article II, Section 1 of the Constitution says, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…” The date is set by Congress in 3 USC 7. 3 USC 15 sets the January 6 date for counting the electoral votes. Neither date is in the Constitution. The only date in the Constitution is noon on January 20, which is when the term of the president ends.

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