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The Electoral Process

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Let’s be clear – we do not have a President-elect yet. The election is not over. The Constitution provides that states choose their own electors, as directed by the state legislatures.  The election in a state is not over until all recounts, legal challenges and litigation is complete. Several states are still in the middle of this process – so at this point we don’t know the final outcome. 

The Constitution does not give the media any authority over this process.  Neither MSNBC nor any other media outlet can decide when Pennsylvania or any other state is done. The Constitution puts each state in charge of itself. And, at the end of the day, state legislatures are responsible for making sure their states are fairly and accurately represented in the Electoral College. 

Established in Article II, Section 1 of the U.S. Constitution, the Electoral College is the formal body which elects the President and Vice President of the United States. Each state has as many electors in the Electoral College as it has Representatives and Senators in the United States Congress – the District of Columbia has three electors. When voters go to the polls in a Presidential election, they actually are voting for the slate of electors vowing to cast their ballots for that ticket in the Electoral College. 

The Electoral College consists of a total of 538 members. States can require that all electoral votes go to the candidate who receives the plurality in that state – which doesn’t mean the majority of votes.  After state election officials certify the popular vote of each state, the winning slate of electors meet in the state capital and cast two ballots – one for Vice President and one for President.  

A note on electors – they have the freedom to vote for whomever they choose. In many states they are not required to cast their vote for the candidate that received the popular vote – which has been the case in a few elections throughout history. 

So once state officials have certified a slate of electors on December 8th – the electoral members then go on to cast their vote when the Electoral College meets on December 14th. The votes are then sent to Congress to be counted on January 6.  At that time, the President elect and Vice President will be announced. 

Now more than ever, states face questions regarding election integrity, election security, and the possibility of election fraud. Such questions justifiably create a crisis of legitimacy for the government.  Because we are a nation of laws – the Rule of Law matters. Without it, we are no longer a free people.  

“We have failed elections in Georgia – Nevada – Michigan – and Pennsylvania. We have filed election fraud court cases in each of those states which must be decided before December 14th.” Jay Sekulow/ Chief Counsel ACLJ

December 14th is still the deadline for all legal challenges to be presented by the outcome determinative states legal teams. Because the Rule of Law protects our liberty – we need to let the legal process work. 

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