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THE AMISTAD Journey, Thomas More SOCIETY
Set In Stone?
A Historical, Constitutional, and Legal examination of Electoral College Deadlines and their implications for the 2020 Presidential Election
The Amistad Project of the Thomas More Society
December 14, 2020
Executive Summary
The only Electoral College deadline specifically required by the Constitution is noon on January 20, at which point President Trump’s first term officially ends. All other deadlines — the “safe harbor” deadline of December 8, the Electoral College voting on December 14, and even the congressional vote count on January 6 — are dates set by federal law.1 Moreover, these dates are arbitrary, being based on obsolete and outdated concerns. It is also well established that the U.S. Constitution is the highest law in the land, holding precedence over both state and federal laws. In the event that federal law presents an obstacle to faithfully adhering to constitutional requirements, it is necessary to disregard the statute in favor of the plain meaning of the Constitution.
Conclusion (excerpts)
The Constitution explicitly assigns the power to appoint presidential Electors to the legislatures of the various states. Those state legislatures have established laws governing the conduct of elections and awarding presidential Electors according to the results of the popular vote. The “safe harbor” provision established by federal statute sets a deadline for determining Electors according to the laws in place for that purpose in each state.
Because the laws governing the conduct of elections were flagrantly violated in numerous states during the 2020 presidential election, there can be no determination of presidential Electors pursuant to state law. As such, the Constitution makes clear that the responsibility rests with state legislatures to appoint Electors. This should be done as expeditiously as possible, but the only deadline state lawmakers have an obligation to meet is the one deadline set forth in the Constitution — noon on January 20, 2021.
REFERENCE:
Election Integrity Watchdog Amistad Project: December 8 Deadline for Selection of Electors Does Not Apply to Disputed StatesGroup releases white paper that illustrates how Electoral College milestone dates prevent states from ensuring elections were lawful
Says more time needed for proper investigations into ballot irregularities and voting anomalies
December 4, 2020
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