Horowitz: How Republican-controlled state legislatures can rectify election fraud committed by courts and governors
https://www.theblaze.com/op-ed/horowitz-state-legislatures-rectify-election-fraudWho determines the outcome of the presidential election in a given state? Governors? Secretaries of state or boards of election superintendents? The courts? Fox News' decision desk? Nope. The president wins a state when electors selected by state legislatures conduct a vote in their respective states on Dec. 14. Thus, ultimately, according to the Constitution, the state legislators wind up serving as the kingmakers in a disputed election.
Endless pots of unverified mail-in ballots that often fail to meet state election law standards weren't created overnight at 3 a.m. on Nov. 4. They were created by a mix of illegal administrative actions taken by Democrat administrations in the key states and state and lower federal courts overriding long-standing state election laws. This has been going on for years, but accelerated to a fever pitch over the past few months.
The Constitution, in Art. I, §4, cl. 1, gives state legislatures the power over the times, methods, and procedures of elections and provides no "public health emergency" exception that enables governors or judges to override them and create a new system for elections. At its core, this is why we have such post-election chaos, and it was by design – set in motion for years by the courts and crystalized over the past few months by using COVID-19 to remake the in-person voting electorate into a postal ballot free-for-all, in what Justice Gorsuch described as the greatest judicial intervention in elections in 230 years.
The state legislature is the one who selects electors. Interesting read.
Liberals say they want every vote to count, but having votes submitted by insidious special-interest groups that violate the terms and conditions of absentee balloting ensures that the lawfully cast votes of individuals indeed do not count. We can debate the policy merits of some of these anomalous voting procedures, but everyone agrees that state legislatures control the process. In many blue states, they have already codified Democrat priorities on ballot-harvesting, registration deadlines (or lack thereof), and weak voter verification systems. But in states like Michigan, Wisconsin, and Pennsylvania, there were laws on the books that were illegally ignored by the Democrat governors and the courts.
In his 2005 book "Men in Black," Levin noted that the reason the Supreme Court ruling on the Florida recount in 2000 was final was not because the courts are supreme over the electoral process. Quite the contrary, the Supreme Court was merely rectifying a mistake the state court made, because Democrats were the ones who involved the courts in the election process to begin with. But why did Al Gore ultimately accept the decision in Bush v. Gore?
"The Florida legislature could have (and, in fact, was preparing) to intervene and name a slate of electors if the Florida Supreme Court continued to interfere with the election," wrote Levin on page 170. "The legislature, which was controlled by the Republican Party in 2000, had absolute authority under the Constitution to choose Florida's members of the electoral college."
Art. II, Sec. 1, §2 of the Constitution stipulates that "Each State shall appoint, in such Manner as the Legislature thereof may direct" the electors to vote for president. The Constitution gives Congress the authority to set the date of that vote, which, pursuant to 3 U.S.C. §7, is the Monday after the second Wednesday in December of presidential election years. This year it is Dec. 14.
