A White House adviser on Monday predicted alternate groups of electors would be chosen in multiple states, and that the process would lead to President Donald Trump winning reelection.
“The only date in the Constitution is January 20. So we have more than enough time to right the wrong of this fraudulent election result and certify Donald Trump as the winner of the election,” Stephen Miller said on “Fox & Friends,” referring to Inauguration Day.
“As we speak today, an alternate slate of electors in the contested states is going to vote, and we’re going to send those results up to Congress,” he added.
Under the Electoral College system, electors are meeting in their respective states on Dec. 14 to cast votes for the next American president.
The votes are then conveyed to Congress, which meets early next year to count them.
Miller was referring to part of an obscure process that some Republicans see unfolding.
Usually, the candidate who gets the most votes in a state gets that state’s electoral votes. But state legislatures are empowered through the Constitution to decide how electors are appointed. Republican-controlled legislatures in key battleground states could choose a slate of electors for Trump even as a group of Democrat electors casts their votes for Democratic presidential nominee Joe Biden.
That could lead to two groups from one state descending on Washington to try to convince lawmakers there to count their vote, and not the other group’s, during the joint session of Congress on Jan. 6, 2021.
The House of Representatives and Senate are guided to review “All the certificates and papers purporting to be certificates of the electoral votes” during the session.
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Disputes could fuel the appetite to file objections to the votes from certain states. Federal law lets a U.S. representative and senator band together to file an objection to a state, triggering separate votes in each congressional body.
If a majority in each chamber approves the objection, that state’s electoral votes are nullified.
Counting the certified votes at present, Biden would win the presidency. But if several states are taken off the board, both candidates would be below the 270 electoral vote benchmark.
That would lead to a little-known secondary system: the House would choose the president, while the Senate would choose the vice president.
Democrats have a majority in the House but each state would only have one vote under the system, giving Republicans an edge.
Trump’s campaign has urged state legislatures to take back their power to appoint electors, but none have so far done so.
Miller said the alternate electors were important in the event the Trump campaign wins cases in court between Dec. 14 and January.
“That means that if we win these cases in the courts, that we can direct that the ultimate state of electors be certified. The state legislatures in Georgia, Wisconsin, Pennsylvania, can do the same. And likewise, Congress has that opportunity as well to do the right thing,” Miller argued.
He asserted that three “Constitutional defects” led to Trump losing: failure to carry out proper signature matching in Georgia, ballots cast in Wisconsin by people who weren’t actually “indefinitely confined,” and uneven treatment of voters in Pennsylvania through the so-called curing of ballots.
“Those three violations alone make Donald Trump the winner of the 2020 election,” Miller said.