President Donald J. Trump disembarks Air Force One on his arrival Saturday, June 20, 2020, to Tulsa International Airport in Tulsa, Oklahoma. (Official White House photo by Tia Dufour)
An organization that has filed election-fraud lawsuits in five swing states points out in an analysis that Jan. 20 is the actual deadine for completing the Electoral College vote, according to the Constitution.
The "safe harbor" deadlines of Dec. 8 for choosing the electors, Dec. 14 for holding the vote and Jan. 6 for certifying the vote in Congress are established by federal law, acknowledges the Amistad Project of the Thomas More Society.
However, the U.S. Constitution "is the highest law in the land, holding precedence over both state and federal laws," argues the Amistad Project's white paper.
"In the event that federal law presents an obstacle to faithfully adhering to constitutional requirements, it is necessary to disregard the statute in favor of the plain meaning of the Constitution."
In its lawsuits challenging the 2020 election outcome, Amistad alleges that illegal conduct by state and local officials led to more than 1.2 million potentially fraudulent ballots, including failing to count legal votes and counting illegal votes.
In each of the states, the number of potentially fraudulent ballots far exceeds the margin separating the leading presidential candidate, Amistad says.
"Through rigorous investigations supporting our litigation, we demonstrate that state and local officials brazenly violated election laws in several swing states in order to advance a partisan political agenda," said Amistad's director, Phill Kline. "As a result, it is impossible for those states to determine their presidential Electors in line with the arbitrary deadline set forth via federal statute in 1948, and thus, the only deadline that matters is January 20, 2021."
Amistad explained its paper "breaks down the history of Electoral College deadlines and makes clear that this election’s December 8 and December 14 deadlines for the selection of Electors, the assembly of the Electoral College, and the tallying of its votes, respectively, are not only elements of a 72-year old federal statute with zero constitutional basis, but are also actively preventing the states from fulfilling their constitutional — and ethical — obligation to hold free and fair elections."
"Because the U.S. Constitution places ultimate authority for designating presidential Electors in the hands of state legislatures, it is the responsibility of the people’s elected representatives to judge the relevant facts and appoint an appropriate slate of Electors, subject only to the sole deadline set forth in the U.S. Constitution — 12:00 noon on January 20, 2021," the organization said.
The Dec. 8 "safe harbor" date, Amistad said, "simply asserts that if a state has established laws governing the appointment of Electors, and a determination made according to that law has been made at least six days prior to December 14 (the date fixed by federal law for the Electoral College to convene), then that determination is final on December 8."
"In the current context, states have laws in place awarding presidential Electors according to the popular vote. Because the laws governing the vote were violated in numerous ways in several key states, certification of the election results cannot be said to have been made in accordance with the laws established in those states. Therefore, the responsibility still rests with state legislatures to appoint their state's Electors, because no 'determination made pursuant to such law' has actually been made."
Among the issue Amistad has identified in the 2020 vote:
- In Arizona millions of dollars in private money was tossed into the election pot, giving "some voters in the state access to advantages that were unavailable to voters in other parts of the state."
- In Georgia, Fulton County officials took more than $6 million in private grants that imposed conditions on the conduct of elections without authority from the state legislature. The state also reached an agreement with Democrats over vote counting that "directly contradict the legislature's intent."
- In Michigan, Secretary of State Jocelyn Benson gave "private activist organizations direct access to the state's voter files, which should only be accessibly to election clerks." She also broke the state law that requires signatures for absentee ballot requests.
- In Pennsylvania, some counties, including Allegheny, Philadelphia and Delaware, got more than $10 million in private money that put conditions on the election "without legislative approval." And state officials violated the law by giving permission for "unlawful practices."
- In Wisconsin, the law requires photo ID for absentee ballot requests, but the law was ignored in the 2020 election.
"Despite the obvious problems that occurred on election day in a number of states, election officials in urban, Democratic strongholds are refusing to allow access to ballots, ballot envelopes, surveillance video of counting centers and video of loading docks and receiving docks, dropbox logs or video of dropbox locations," Amistad said.
Video footage "already revealed fraudulent ballots being counted in Atlanta."
"Given the unprecedented thin margins between Trump and Biden in several states and the growing evidence of serious amounts of systemic electoral fraud," the reports of fraud need to be addressed before determining the election results, Amistad argued.
"The investigations will be rigorous and continue whether or not the Electoral College vote in held December 14. For the sake of the country, Joe Biden and his supporters should welcome a fair and impartial investigation, especially because they are so confident they will prevail," the analysis said.
"Otherwise, a dark cloud will hang over the Biden administration if it becomes clear his election was illegitimate, and the socio-political fragmentation that is occurring in the United States will only worsen."
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