There is — to say the least — some reason to suspect the Democrats subverted the democratic process, likely submitting manufactured ‘votes’ in at least Pennsylvania, Michigan, and Wisconsin, and perhaps Georgia and Arizona as well. Others elsewhere discuss these suspicions; I won’t go over them yet again here.
Suffice it to say that suspicions exist. Now, there appears to be an assumption that the vote count must be honored regardless. It’s not enough to suspect the vote count is fraudulent; it must proven that it is, or it must be accepted and each state’s delegation to the Electoral College chosen accordingly.
But is that so?
The election, of course, is ultimately decided by the vote in the Electoral College — not the voters per se. This country was not founded as a democracy, and in places the Constitution still reflects that.
And who actually decides the composition of each state’s delegation to the Electoral College? Is it the voters — ultimately?
Would it, per chance, be instead the legislatures of each state?
Republicans control the legislatures of Wisconsin, Michigan, Pennsylvania, North Carolina, Georgia, and Arizona. This is what the Constitution has to say on the subject of Electors:
‘Clause 2. 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; but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.…’
My. So with the specified exceptions, the legislature of each state chooses its electors as it sees fit. If, say, the Pennsylvania legislature becomes convinced that the vote from Philadelphia was fraudulent…
Well, legally, couldn’t they simply ignore it? After all, it’s up to them to decide who the Electors are to be and how they are chosen.
The important point is that it would appear that fraud doesn’t need to be demonstrated to have occurred. If a majority of a given legislature becomes convinced it did occur, it would appear that they can go right ahead and alter the composition of their delegation to the Electoral College accordingly.
If the Democrats did cheat, nothing in the Constitution says we’re obliged to accept it. We don’t need to participate in their charade.
Let each legislature choose its state’s delegation as it sees fit — as the Constitution specifies. Then, the Electoral College will meet — again as the Constitution specifies — and select our next President.