Top Amistad lawyers confirmed in a white paper that the media’s touted Electoral College deadlines are simply arbitrary.
In a white paper released last week, the non-partisan Thomas More corporation’s Amistad Project argued that because the deadlines set for the Electoral College are only set by federal law, not the Constitution, States that question the results of the election would have the right to ignore them if they so chose when investigating irregularities.
As noted in a Revolver News analysis article, federal law currently requires state legislatures to choose their constituents by the Monday following the second Wednesday in December (December 14 of this year). If they “have not made a choice on the day prescribed by law” then “the electors may be appointed on the following day in such manner as the legislature of this state may order.”
The Revolver article suggested that even with the deadlines, states could take control of their electoral college votes. However, the Amistad White Paper goes even further and argues that the only deadline set for the Electoral College is the constitutionally prescribed 4-year limit.
Trump is pitching the idea of an executive order to redo fraudulent elections with paper ballots, no software, and military surveillance.
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Two limits are noted by the Amistad project: the aforementioned meeting date of the electoral college and the limit of the “safe harbor”, which is December 8. They claim in the white paper that the basis for these dates was “to give sufficient time to affect the presidential transition of power, a concern wholly obsolete in the age of the Internet and air travel.”
The legislation therefore does not give states sufficient time to fulfill their “constitutional and ethical obligation to hold free and fair elections”. The document refers to the 1876 election, where three states sent two rounds of electoral votes, one for each candidate, and due to the confusion, Congress passed legislation that bypassed customary deadlines, allowing time to correct the disputed states.
“Through rigorous investigations to support our litigation, we demonstrate that state and local authorities brazenly violated election laws in several swing states in order to advance a partisan political agenda,” said Phill Kline, project director Amistad. “As a result, it is impossible for these states to determine their presidential voters in accordance with the arbitrary deadline set by federal law in 1948, and therefore the only deadline that matters is January 20, 2021.”
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The white paper concludes that states should nominate their constituents as “quickly as possible”, but they should not have to meet arbitrary deadlines set by federal law.
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