General Discussion
In reply to the discussion: May I point something out? [View all]whopis01
(3,907 posts)There will be claims that certain ballots are invalid and should be thrown out.
However, that will not be the actual goal. The goal is to delay the certification of the ballots. Specifically to delay it to the point where the outcome is not decided prior to the meeting of the electoral college (December 14th for this year).
If a state has not certified its election results by that time, a couple things can happen. Either the state does not appoint electors to the electoral college, or the state legislature can appoint electors.
There are several states that are likely to vote Democratic despite having Republican controlled legislatures. If the appointment of electors is left to the legislature, then it is possible that they could ignore the (uncertified) ballot and appoint Republican electors.
According to the Constitution, "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors". This would allow this scenario to occur.
The 14th amendment impacts this somewhat as it has a statement that says (paraphrased) if anyone isn't allowed to vote to select electors, then the number of electors will be proportionally reduced by an amount relative to the number of people not allowed to vote. This could be argued to apply in this case, but the net effect would just be removing that State's electors. It it were a blue state, that would still be in Trump's favor.