President Trump has a path to victory if can keep Joe Biden from winning the electoral votes in Pennsylvania, Georgia, Nevada, Michigan, and Arizona. To do that, he needs to prove massive fraud. Arizona just completed a recount and Biden won again. They did not check for fraud.
The final decision could end up in the U.S. House of Representatives with the delegation of states if he is successful in keeping the count below 270. The Republicans hold the majority among the delegation of states.
States are expected to resolve their disputed election by December 8th. It’s called the ‘safe harbor’ date. If it’s not settled, and it might not be this year, the Trump campaign could ask the state legislatures in the disputed battleground states to set aside the tainted tallies and use their plenary powers under Article 1, Section 4 of the U.S. Constitution to appoint and certify slates of electors favorable to the GOP.
Governors could reject that, and then Congress would decide.
In the contested battleground states, only one state is controlled by a Democrat governor — Nevada. The Republicans control all of the state legislatures in those states.
THE 1800-1824 ELECTIONS
President Trump might attempt to use the strategy from the 1800 and 1824 elections by forcing the decision into the U.S. House of Representatives.
If the election ends up in the House of Representatives—as it did in 1800 and 1824—each state delegation gets one vote for president, and Trump should win since Republicans have the majority among state delegations. Also, the majority of voters live in those states under this configuration.
NOT REACHING 270
Not allowing Biden to reach 270 votes would force House state delegations to vote, as we said. Currently, the GOP has a 26-23-I state delegation majority in the House of Representatives out of 50. Presumably, the Republicans would vote with the President.
It could end up with the governor saying one thing and the legislatures saying something else. Congress would then settle it.
Trump’s campaign has not said this is the strategy. Only pundits have.
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