Pennsylvania Republicans Put Election Nightmare Scenario In Motion

[joewicker_TX]

Source: Huffington Post

A proposal for a Republican-run committee to investigate the election could be the first step to handing the state’s electors to Trump.

Pennsylvania Republican legislators took the first step on Wednesday toward enacting a nightmare scenario in which they could challenge the outcome of the state’s presidential election if President Donald Trump loses.

Republicans in the state House of Representatives passed a resolution out of the chamber’s government committee on a 15-10 party-line vote to create a special “election integrity committee” of three Republicans and two Democrats to investigate the 2020 election. It could possibly certify its own slate of electors for Trump based on phony charges of voter fraud.

Read more: https://www.huffpost.com/entry/donald-trump-pennsylvania-election_n_5f750df6c5b66377b27ce1b5

[jorgevlorgan]

1. If they try to appoint electors without changing the law, it would be super illegal.

[hlthe2b]

3. Any changes to the current law faces a Democratic Governor's veto; Likewise a Democratic SOS and AG

[jorgevlorgan]

4. Exactly. There's no way this can legally happen.

Also with Biden's chances increasing substantially in states that would be called super early, it is less likely that anything the state legislature tries -even if they get their way with this (unlikely), would work.

[regnaD kciN]

13. If this is a bill to establish a commission by state law...

...the Democratic governor will veto it, and that will be that.

The most extreme Trumper Republicans, though, hold that the language in the Constitution saying that state legislatures shall provide for the selection of a slate of electors means that the legislature has the federal authority to do so all on their own, without passing a new state law. Even if the state already provides, by law, that the electors go to the candidate who wins that state’s election, the argument goes, such a state law is overruled by the provision in the Constitution.

Now, I think that’s an extreme argument that would appear to be contradicted by previous SCOTUS precedent, and probably wouldn’t even be convincing to a majority of Republican-appointed Justices, but it is out there, and we need to be prepared for them to at least attempt it.

[jorgevlorgan]

16. Even if somehow the gop is unifed in PA

I'm doubtful enough of them would be on board to change the electoral math in a Biden landslide for other states. But the illegality of such a thing would likely be more than clear to any judge looking at it. There is also the option of arresting legislatures who blatantly commit that crime, which I'm sure the Democratic attorney general wouldn't mind doing to prevent a constitutional crisis.

[Thekaspervote]

24. Exactly..they are gop cheaters, but most would not be willing to go to prison

[NYC Liberal]

28. Pennsylvania's constitution requires the governor's signature:

Every bill which shall have passed both Houses shall be presented to the Governor; if he approves he shall sign it, but if he shall not approve he shall return it with his objections to the House in which it shall have originated, which House shall enter the objections at large upon their journal, and proceed to re-consider it. If after such re-consideration, two-thirds of all the members elected to that House shall agree to pass the bill, it shall be sent with the objections to the other House by which likewise it shall be re-considered, and if approved by two-thirds of all the members elected to that House it shall be a law; but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journals of each House, respectively. If any bill shall not be returned by the Governor within ten days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall be a law, unless he shall file the same, with his objections, in the office of the Secretary of the Commonwealth, and give notice thereof by public proclamation within 30 days after such adjournment.

So even if the Constitution allowed a legislature to act on its own, PA is more restrictive. That's the counterargument.

[JennyMominFL]

2. Democratic Gov?

Dont they have a Democratic gov who would veto this if it made it to himal

[jorgevlorgan]

7. Yeah

too easy

[Fiendish Thingy]

5. Hysterical click bait - I'll stick with Laurence Tribe's opinion

Quite informative, and evidence based:

https://verdict.justia.com/2020/09/30/no-republicans-cannot-throw-the-presidential-election-into-the-house-so-that-trump-wins

Also, more fact based analysis:

https://www.electoral-vote.com/evp2020/Pres/Maps/Sep25.html#item-2

All you need to know this OP is poppycock.

[elleng]

8. Ditto

[stillcool]

10. thank you!

[llashram]

15. me too

[DeminPennswoods]

29. This!

There's no doubt Rs are trying to keep those who would be expected to support Dems away from the polls. But the hysterical fear-mongering about election results is because cable news hosts and pundits know the election is not going to be close. Blowouts are not good for ratings, so the need is there for something to keep viewers returning and making advertisers happy. Thus the continual harping on how long it might be before total results are in and so on.

[rso]

6. Electors

According to Harvard Law Professor Lawrence Tribe, this approach is not realistic, especially with a Democratic Governor.

[SharonClark]

9. Agree, but it does show us the length repugs

will go to stay on power.

[Thekaspervote]

11. PA..dem governor..not so fast!

Pennsylvania’s governor is a Democrat who would veto any effort to circumvent existing state election law. Supreme Court precedent makes clear that Republican-dominated legislatures cannot legally bypass their own governors to change the rules governing federal elections, as two of the authors of this column and a colleague recently demonstrated. If Pennsylvania or any other state wants to change its voting laws, it must do so in the normal way, not by having the legislature go rogue.

[regnaD kciN]

17. Yes, but, as I wrote above...

...some of the more extreme Republican voices claim the Constitution allows state legislatures, on their own authority, to appoint electors, without the governor’s signature and despite any existing state law to the contrary. Like I said, I think it’s doubtful such a claim would succeed, but that doesn’t mean they won’t try it.

[Rule of Claw]

18. Current electoral laws signed by a Governor

could only be amended by a Governor's signature. Otherwise why have a Governor?

[Thekaspervote]

21. This!

[Thekaspervote]

23. This SCOTUS ruling from 7/20 was about faithless electors but addresses this issue as well

And second, the Court’s decision reinforces the validity of the National Popular Vote Interstate Compact. Under National Popular Vote, states that combine for at least 270 electoral votes agree to award their electors to the presidential candidate who wins the most individual votes across the nation. (Fifteen states and the District of Columbia, totaling 196 electoral votes, have already passed the measure.)

In the 18 states currently without faithless elector laws, the National Popular Vote Interstate Compact would operate in a manner identical to the system that they have been using for over 200 years. In these states (which currently use the state-by-state winner-take-all method of awarding electoral votes), the presidential electors are chosen by the political party whose presidential candidate receives the most popular votes inside the state

More at the link

https://www.brookings.edu/blog/fixgov/2020/07/14/supreme-courts-faithless-electors-decision-validates-case-for-the-national-popular-vote-interstate-compact/

[paleotn]

12. Winning 3 governorships in 2018....

MI, WI and PA, puts a stop to these shenanigans. All elections are important.

[GulfCoast66]

19. This is the best post I have read today on DU.

Those 3 Governors are a huge safeguard for our democracy.

[onetexan]

27. Thank Goodness for that! So glad we have Dems governors in those states.

[deurbano]

20. They certainly are, and imagine where we'd be without those flips. Republicans have

no principles, no boundaries, no ethics, no morality and absolutely no shame in their ruthless and relentless quest for (White) power.

[BumRushDaShow]

25. Yes and I have ALWAYS considered Tom Wolf (D-PA) our firewall

and his re-election in 2018 meant that he would be in place during the 2020 Census and re-redistricting - something that we got screwed on 10 years ago when the GOP had Tom Corbett (R-PA) in there as a governor (who thankfully ended up becominge the 1st "1-term governor" since PA governors were permitted to run for 2 consecutive terms in 1968).

[Statistical]

14. This should be seen for what it is ...

completely ineffective but useful for voter suppression.

Republicans want people to think their vote can't matter. If they don't vote then Trump wins. If people vote Trump will be kicked to the curb on Jan 20th. It really is that simple.

[BumRushDaShow]

22. But guess what happened? One of their maskless douchebags tested positive and they shutdown

Pa. House of Reps Cancels Session After GOP Member Tests Positive for COVID-19

By Dan Stamm and Mark Scolforo • Published 6 hours ago • Updated 4 hours ago


The House Republican Caucus announced the cancelation after Republican Rep. Paul Schemel tested positive Thursday morning. In a statement, Schemel said he is self-isolating and has mild symptoms. “After experiencing mild symptoms of COVID-19 yesterday, I took a COVID-19 test today and was informed of a positive result this morning," Schemel, who represents the 90th Legislative District in Franklin County, said in a statement Thursday.

The lawmaker was last present at the Capitol on Tuesday, the House GOP and Schemel said. “As soon as I received a positive test result on Thursday, I informed the appropriate House offices," Schemel said. "I am following the advice of medical professionals and the protocols of the Pennsylvania House of Representatives to ensure the safety of my family, staff, and fellow members.”

“The member is working with human resources to determine all interactions with other members and staff to track any possible exposures under Pennsylvania Department of Health and the Centers for Disease Control and Prevention guidelines” the House GOP said in its statement. “Those who may have been exposed are being contacted.” The House chamber, offices and other areas are cleaned and sanitized nightly, noted the House GOP.

Although state House employees are all required to wear masks in the Capitol, that does not apply to the representatives themselves. Schemel's press release did not say if he had been wearing a mask while inside the Capitol's public spaces.

https://www.nbcphiladelphia.com/news/coronavirus/pennsylvania-coronavirus-harrisburg-capitol/2550019/

[beachbumbob]

26. Voters get a bit pissed when their will is overturned by deception

It's at GOP peril