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The Constitutional Path for President Trump to Win and Stay in Office for a 2nd Term


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President Trump refuses to concede Joe Biden’s win, but there is a Constitutional path forward for him to remain in the White House for a 2nd Term“–Paul Ebeling

For President Trump to garner the 53 electoral votes he needs, he needs to take Pennsylvania, plus the 3 other battleground states.

The electoral college meets on 14 December to cast its vote for President and nearly every state uses the statewide popular vote to allocate its electors, they are expected to vote candidate’s Biden and Harris the winners.

But, there is a legal theory that State legislatures in places such as Arizona, Michigan, Wisconsin and Pennsylvania can ignore the popular vote in their states and appoint their own electors.

Federal law allows legislatures to do this if states have “failed to make a choice” by the day the electoral college meets. And there is evidence of systemic fraud and wrongdoing in those states where candidate Joe Biden garnered commanding margins after the fact in these places, thus making it clear that the state legislatures can act and make a different choice.

For Donald Trump to win the electoral college, several states would have to take this extraordinary step.

The Trump Campaign has filed several lawsuits since election day. The purpose of these suits point out the fraud in the voting machine manipulation and uncertainty in the counting process.

Each state has its own deadlines for certifying election results that are then used to allocate its electoral college votes.

Now in Pennsylvania and Michigan, President Trump’s Campaign is seeking to block officials from certifying results.

If President Trump is successful in bring about a stalemate the task then falls to Congress, which is charged with counting the votes from the electoral college, to decide what to do.

The law that outlines the process for how Congress should handle a dispute in electors from a state is somewhat confusing. There is a theory that the President of the Senate, Mike Pence, could have control over the process.

A dispute over electors between the US House and Senate is a worst-case scenario and the US Supreme Court would be asked to step in and could not avoid the issue as it did in the Texas case Friday.

Regardless of the dispute is, the Constitution set a final deadline.

Even if counting is ongoing, the President and Vice-President’s terms both end at 12 Noon on 20 January. If at that point if there is not a final result in the race, the speaker of the House would become the acting President.

The Key date/happenings on The Trump Path are these, as follows:

14 December 2020: Electors vote in their States

The electors meet in their respective States and vote for President and Vice President on separate ballots. The electors record their votes on 6 Certificates of Vote, which are paired with the 6 remaining Certificates of Ascertainment. The electors sign, seal, and certify 6 sets of electoral votes. A set of electoral votes consists of one Certificate of Ascertainment and one Certificate of Vote.

23 December 2020: Electoral votes arrive

Electoral votes (the Certificates of Vote) must be received by the President of the Senate and the Archivist no later than 9 days after the meeting of the electors. If votes are lost or delayed, the Archivist may take extraordinary measures to retrieve duplicate originals.

On or before 3 January 2021: The Archivist transfers Certificates to Congress

As the new Congress assembles, the Archivist transmits sets of Certificates to Congress, as requested. This generally happens when the Senate does not receive its set of Certificates on time. The transfer occurs in late December or early January when OFR’s Legal staff meets with representatives of the Secretary of the Senate and the Clerk of the House.

6 January 2021: Congress counts the electoral votes

Congress meets in joint session to count the electoral votes. The Vice President, as President of the Senate, presides over the count and announces the results of the Electoral College vote. The President of the Senate then declares which persons, if any, have been elected President and Vice President of the United States.

If any objections to the electoral votes are made, they must be submitted in writing and be signed by at least 1 member of the House and 1 Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider the merits of the objection/s under procedures set out in Federal law.

If no Presidential candidate wins at least 270 electoral votes, a majority of the 538 available votes, under the 12th Amendment to the Constitution the House of Representatives decides the Presidential election. If necessary, the House would elect the President by majority vote, choosing from among the 2 candidates who received the greatest number of electoral votes. The vote would be taken by State, with each State having 1 vote. The District of Columbia does not vote because it does not have voting members in the House of Representatives.

If no Vice Presidential candidate wins at least 270 electoral votes, a majority or the 538 available votes, under the 12th Amendment the Senate elects the Vice President. If necessary, the Senate would elect the Vice President by majority vote, choosing between the 2 candidates who received the greatest number of electoral votes. Each Senator would have 1 vote.

20 January 2021 at 12 Noon: Inauguration Day

The President-elect and Vice President-elect take the Oath of Office and become the President of the United States and Vice President of the United States, respectively.

This election is not over, stay tuned.

Making and Keeping America Great!

Have a healthy weekend, Keep the Faith!

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Paul A. Ebeling, a polymath, excels, in diverse fields of knowledge Including Pattern Recognition Analysis in Equities, Commodities and Foreign Exchange, and he is the author of "The Red Roadmaster's Technical Report on the US Major Market Indices, a highly regarded, weekly financial market commentary. He is a philosopher, issuing insights on a wide range of subjects to over a million cohorts. An international audience of opinion makers, business leaders, and global organizations recognize Ebeling as an expert.