Who 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.
ndless 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.
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