The Electoral College Coin – Axios

As the weaknesses of President Trump’s lawsuit to overturn Joe Biden’s victory become clearer, Republicans talk more about the Electoral College – hinting at an extreme last-ditch way for Trump to cling to power.

What we are looking at: In this distant scenario, Trump and his team could try to prevent secretaries of state in contested states from certifying the results. This could allow legislatures in those states to try to nominate new voters who favor Trump over Biden.

• “Essentially, this is about hijacking democracy,” a lawyer familiar with the process told Axios. “They don’t have anything else; you’re trying to deny Joe Biden 270.”
• If Trump followed this route, it would likely become evident the week before Thanksgiving, as states face deadlines to finalize election results.

Between the lines: Trump did not directly say he would pursue this strategy. But Senate Majority Leader Mitch McConnell and Secretary of State Mike Pompeo each noted on Tuesday that election results would not become official until voters cast their ballot next month.

• To this day, Biden’s status as president-elect is rooted in media projections based on raw vote totals reported by individual states.
• These totals, however, do not become official until states certify them. The Constitution prescribes that these official results will be used to distribute the voters who officially choose the president.
• “At some point here, we’ll finally find out who has been certified (the winner) in each of these states, and the Electoral College will determine the winner and that person will be sworn in on Jan. 20,” McConnell said. “No. reason for the alarm.”
• A Senate leadership adviser said McConnell is not reporting an electoral strategy and is simply pointing out that it is not uncommon for there to be litigation before the electoral college results are complete.
• Pompeo, who raised his eyebrows as he explained how there would be a “smooth transition to a second Trump administration,” independently raised the Electoral College at a State Department press conference. “When the process is over, voters will be selected,” he said. “There is a process; the Constitution presents it quite clearly. “
• The Trump campaign did not respond to requests for comment.

How it works: If a lawsuit successfully stops the certification of results in a state, lawmakers could step into the void and choose a list of pro-Trump voters.

• The attorney, who requested anonymity to speak to the scenario, said Trump’s team now appeared to be trying to throw enough dirt on the late ballot counting process to say accurate results cannot be verified.
• The next step could be to try to get federal or state courts to prohibit secretaries of state from certifying results.
• Any move to provide an alternative voters list could force the first real test of the 1887 Voter Count Act and could end up in the Supreme Court.
• Among the major swing states, Arizona and Georgia have GOP governors and legislatures. Michigan, Pennsylvania, and Wisconsin have Democratic governors but GOP legislatures.

“It’s a horrible idea, one that should be morally repugnant to all Americans,” election law expert Edward B. Foley recently wrote in the Washington Post.

• “For a state legislature to regain that power after voters have already voted would be an even more blatant intrusion into the democratic process.”

But, but, but: Even if the GOP were able to obtain injunctions, it would be an arduous legal process before legislatures could take the matter into their own hands.

• “How many docile judges are going to throw themselves to the ground in front of this train?” said the lawyer. “And how many legislatures will accept it?” Instead, he said, Trump could try “to scare everyone’s living bejeezu to gain influence and then strike a deal for himself and his family.”