February 2, 2023

Opinion: The Republican blueprint to steal the 2024 election

7 min read

Very few people still understand why former President Donald Trump and Republicans stand on their long-held claim that the 2020 presidential election was rigged. Less so because they are obsessed with making the 2024 race a referendum on the 2020 “stolen” election, which they know was not stolen.

January 6 was never about rigged elections or even real voting fraud. It has always been the case that Trump lost the election fairly and squarely, in a handful of swings under the electoral rules enacted as legislation that he and other Republicans claim that state election officials and state courts Had changed illegally to increase the right and opportunity to vote. , Mostly in response to covid epidemic.

The Republicans’ mysterious claim to date that Trump won more votes than Biden in 2020, or would have been, if not for the actual voting fraud, is a shiny thing that the Republicans have ridiculed and ridiculed the United States. Hanged in front of the public until about 2020. Now a year and a half to divert attention from their more ambitious goal.

This is not to cancel the 2020 election, as they will assure us. This is constitutionally impossible. An even more ambitious goal for Trump and the Republicans is to successfully carry out the same plan in 2024 that they failed to implement in 2020 and if Trump or his anointed successor lost again in the next four years. If so, the 2024 elections have to be reversed.

The last presidential election was a dry race for the next one.

Long before Election Day 2020, Trump and Republicans exploited the Electoral and Electoral Clauses of the Constitution, the Electoral College, the Electoral Counts Act, 1877, and the 12th Amendment, and planned to reverse the presidential election if Trump lost the popular election. gone. College vote.

The cornerstone of this plan was for the Supreme Court to embrace the unknown.Independent state legislatureThe ideology, which in turn would pave the way for the Electoral College process and the exploitation of the Electoral Counts Act, and ultimately reject enough swing state electoral votes for Vice President Mike Pence to use Pence’s formal power to overthrow the election. will make. 12th Amendment And gave the presidency to Donald Trump.
The idea of ​​an independent state legislature states that, under Elections And Selectors The provisions of the Constitution provide that the state legislature has full and exclusive authority over the conduct of federal presidential elections and the election of state presidential electorate. Not even the state Supreme Court, let alone other state election officials, can change the written electoral rules of legislation or interfere in the appointment of state electors by legislators.
The Supreme Court has never decided whether to adopt the ideology of an independent state legislature. But then-Chief Justice William Rehnquist, and Justices Antonin Scalia and Clarence Thomas, all separately agreed, said they would accept the idea. Bush vs. GoreTwenty years ago, and Republicans had every reason to believe that there were at least five votes in the Supreme Court for the ideology in November 2020, Amy Connie Barrett was confirmed in just eleven hours after the election.
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Trump and Republicans began implementing this first phase of their plan months before November 3, including early and late voting, extending voting days and times, mail-in ballots, and other electoral law changes that Republicans have announced. The lawsuit alleges that state officials and state courts, such as Pennsylvania, Wisconsin, North Carolina and Michigan, were illegally altered.

These issues ultimately hurt their path. Supreme Court In the fall of 2020, and until December, the Supreme Court had decided all these cases, but only through orders, or the intervention of the federal court, was not allowed to change any electoral rule that the state legislature had. Was enacted by, which allowed the enactment of laws enacted as legislation. Changed by state officials and state courts, or stalled 4-4, because Justice Barrett did not take the oath until he was ready for the briefing of these cases and the decision of the court. In none of these cases has the Supreme Court ruled in favor of all major independent state legislatures.

Due to the Supreme Court’s decision not to approve the idea, Trump and Republicans turned their efforts to the second phase of their plan, the Electoral College and the Electoral Count Act.

Of Electoral College It is the process by which Americans elect their presidents, a process that could lead to the election of a candidate for president who does not receive a majority of the votes cast by American voters. Republicans have become more cautious with the Electoral College with the new census. Political Population Of the country’s changing population.
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Of Electoral Counting Act Gives Congress the power to decide the presidency in situations where Congress determines that state election votes have not been “formally cast” by voters who are “legally certified” in terms that are indefinite. And vague. In this second phase of the plan, Republicans needed to create a state-certified alternative slate of voters from the swing states, where Biden won the popular vote who would instead vote for Trump. Congress will then count the votes on these alternate slates instead of the certified slate votes for Biden on January 6, and Trump will be re-elected president.
The Republicans’ plan failed when they were unable to obtain a single legitimate, alternative slate of electorate from any state because various state officials refused to officially confirm it. Trump insisted slate.

Failed by the Supreme Court in the first phase, failed to come up with alternative state election slates in the second phase, and over time, Trump and the Republicans began implementing the final option in their plan, which was feared. Had to Illegal alternative election slates in various swing states will be transferred to Congress. Then, on January 6, Vice President Pence Swing will count only the votes of the illegitimate voters of the states, not the votes of the legitimate, certified voters who were cast for Biden, and of Donald Trump’s United States. He will announce his re-election as President. .

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The whole house of cards collapsed on the afternoon of January 6, when Pence Refused Along with the misguided plan, he concluded that under the 12th Amendment he had no option but to reject votes cast by correctly certified voters or give Republicans an alternative election. Could delay the count to give more time for. Slate

Pence interrupted Joe Biden’s announcement of the 46th President of the United States on Thursday, January 7, at 3:40 am, almost 14 hours after the rioters stormed the US Capitol, disrupted the joint session and called on Congress Counting of votes stopped for a long time. Tonight and the next day, after the legally designated day for counting these votes.

Trump and his allies and supporters in Congress and in the states started preparing their failed 2020 plan to overturn the 2024 presidential election the same day, and he has made that plan clear to the American people ever since. Preparing fearlessly. Today, they have a long way to go before they can recapture the White House in 2024, whether Trump or another Republican candidate wins the election.

Trump and Republicans are preparing to return to the Supreme Court, where they are likely to win the idea of ​​an independent state legislature, now that Amy Connie Barrett is in court and ready to vote. Barrett does not address this issue, but it does begin with the actual interpretation of the constitution, and Barrett, along with Thomas, Elito, and Gorsch, firmly adheres to this method of constitutional interpretation, all three of which he wrote. That they think this theory is correct. .

Just last month, a court in North Carolina refused to hear a case. Moore vs. HarperThe four justices (Alito, Thomas, Gorsch and Kivanau) said that the question of independent state legislature is of paramount importance to our national elections, this issue will be repeated again and again and the court will decide this matter from the next presidential election. It should be done sooner rather than later. . The issue involved the redistribution of Congress, but the idea of ​​an independent state legislature applies to redistribution as much as it does to presidential elections.
Republicans are in it too. Fatigue Selecting Trump-backed candidates for state legislature offices in key swing states, installing their favorite state election officials in office who deny that Biden won the 2020 election, Selecting and preparing sympathetic state court judges on state benches, such as state secretaries. The party will give preference to potential voters for the final election, so if need be they will be placed to prepare an alternative election slate and transfer it to the Congress.

After all, they are angrily politicizing Trump supporters to elect them to the Senate and House, as a last resort to overturn congressional elections.

To be forewarned.

Trump and Republicans can only be prevented from stealing the 2024 election if the Supreme Court rejects the idea of ​​an independent state legislature (thus allowing state courts to legislate on electoral laws and election appointments Allow the implementation of constitutional limits) and Congress to amend the electoral law. The Count Act to limit the power of the Congress to reject state election votes and to decide the presidency.

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Although the vice president will be a Democrat in 2024, both parties also need to enact federal legislation that explicitly limits the vice president’s powers to the powers given to the vice president in the 12th Amendment. Confirm that this is largely formal, as Pence assumed on January 6.

Vice President Kamala Harris will chair the joint meeting in 2024. However, neither Democrats nor Republicans know who will take over the presidency. Thus, both parties are now encouraged to clarify the formal role of the Vice President.

As it stands today, Trump, or his anointed successor, and Republicans, in their own words, are ready to “steal” from Democrats in the 2024 presidential election by falsely claiming that Democrats won in 2020. It was stolen from them. But there is a difference. Between the falsely claimed “stolen” elections of 2020 and the stolen elections of 2024. Contrary to Republicans’ claims of stealing Democrats, stealing Republicans would be a blatant violation of the popular vote and thus the will of the American people. : Poetry, albeit tragic, is the irony of American democracy.

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