Legislative Appointment of Electors Would Be Unlawful. And It Won’t Even Work For Trump.

This article is part of TPM Cafe, TPM’s home for opinion and news analysis.

This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1343105
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A twofer.
Thanks Alexander O Neal

“Because a lie’s not the truth
Unless you’re believin’”

Get your affairs in order :rofl:

Speaking of duels


“Sit down, take a look at yourself
Don’t you want to be somebody?
Someday somebody’s going to see inside
You have to face up, you can’t run and hide”
From," Lonesome Loser"
Little River Band

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The Cajun John Wayne is one sick puppy, and he is an elected member of the House of Representatives??? And a sworn Police Officer??? At the very least, he belongs in a home for the very, very off-center.


The overview of the history and laws associated with elector appointment is good.

However, all it takes is five SCOTUS justices to declare 3 U.S.C. § 15 unconstitutional and let GOP legislatures appoint electors directly.

As Trump falls behind in multiple must-win states for him, I think that is less likely to occur. But I’m not going to be fully confident this national nightmare is over until Biden is officially in the White House in January.


State legislatures could appoint electors directly because the Constitution gives them the power to determine how their electors are chosen.

US Constitution, Article II, Section 1
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

However, if the state legislature wants to change how the electors for a particular election are chosen, it has to be done before the election, not after. This part of the Constitution assures that.

US Constitution, Article I, Section 10
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

The law that was in effect when the election was held is the law that determines how the electors are chosen.

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Until January 20 the country will be witness to flagrantly unlawful actions coupled with a complete lack of concern for the escalating pandemic. It will not be pretty, but the character of this President will become apparent even to the “moderate” and “respectable” R’s–or better, will become impossible to deny.
Let’s make them own it–and get out the vote in Georgia!


This was a good article also explaining why choosing their electors won’t work. They need to change the law to allow that before election day, not after:

Clear your cookies and history if you cant get access.

Just yesterday, I wrote on this site that a state legislature directly appointing presidential electors for Trump against the results of the election would be unconstitutional and, in any event, wasn’t going to happen in Pennsylvania due to the unlikely stand taken by Republican state legislators.

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Easy way for a corrupt SCOTUS to get around that: just say that since the electors haven’t been appointed/voted, its not ex post facto yet. The Nov 3rd vote becomes more like a non-binding plebiscite, like the PR statehood vote.

I think its unlikely this will happen, but not because the GOP justices can’t find a way to justify it.

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Not to be a downer, but this is all mental masturbation. This radical, activist Supreme Court can pretty much apply the laws however they desire to secure the outcome they want. We saw it in 2000 when they just made shit up. Yes, it would create a massive Constitutional crisis, but we need to be ready for it.

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What if he “appoints” himself president, but nobody pays him any attention? I really think they are going to have to carry the Orange One out of the White house in a straitjacket.

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The man is so unhinged that I took longer than I want to admit figuring out whether this was real or not…

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Thanks for clarifying this important issue. I am no longer concerned about this chicanery as I was not aware of the Electoral Count Act. Now that I am, I feel much more comfortable. Now, if Georgia and Nevada would get off their asses and finish the count, I will finally get a good night’s sleep.