• Local Produce
  • Buy Local
  • Local Seafood
  • Local Food
  • Local Music
  • Local Art
  • Local Churches

CAPE CHARLES MIRROR

Reflections on Cape Charles and the Eastern Shore

  • Local Services
  • Local Rentals
  • Local Employment
  • News
  • Opinion
  • Classifieds
  • PODCAST
  • Pets
  • Contact Us

Opinion: And the winner is….? to be decided.…? by….?

November 1, 2020 by Wayne Creed Leave a Comment

Note. This commentary is by Charles Landis and is largely based on recent studies by the Hover Institute and the Heritage Foundation.

It is very probable we will not know who was elected President on No v.4.  Because Trump supporters prefer in person voting  over mail in  ballots, Democrats prefer mail in, and as much as 50 % of electorate will vote absentee, it is probable Trump will   declare victory based on the count at that time.  However, Democrats predict a “blue wave” from mailed in ballots, some of which may not be mailed until days after Nov. 3.

 Some states do not permit verification of signatures of millions of mail -in ballots to begin until Nov. 3., for example such key states as Pennsylvania. Michigan, and Wisconsin. Verification is very time consuming and there will be many contested ballots and demands for recounts based on allegations of fraud or inability to accurately count ballots. It is very possible some states may not be able to certify results by the Dec. 8 deadline. Consider, also, nearly  300 counties have dirty lists where there are more on registrar roll than residents.

Note. The Heritage Foundation study shows 1,300 convictions for voter fraud and related issues since 2016 elections. These are convictions, not allegations, of which there are many more. Hover Institute study reports there are already  279 law suits  filed in 2020 in 45 states.

The Electoral Vote Count Act of 1887establishes  December 8 as the deadline date for states to submit certified lists of electors to Congress. If there are any contests or controversies remaining unresolved, the Act provides for Congress to decide which electors, if any, will cast heir state’s ballots. Then the Electoral College  meets Dec.14. Further, if a state is not able  to certify votes by December 8, , because of  contested after time ballots or other litigation, as opined in SCOTUS decision in Bush v Gore, the state legislatures may take back appointment of elector decision from voters and vest in  the  legislative branch. This would require special superseding legislation which would again entail time and litigation, especially  if legislative bodies are split.

 Again, pursuant to the Electoral Count Act,  the decision will be passed to Congress (House) where each state has one vote and Republicans have a 26-23 majority (Pennsylvania is split). The12th Amendment, however, requires all certificates of electors be opened publicly by the President of the Senate, Vice President  Pence, in presence of House and Senate and shall be counted. Constitutional issue arises because Act does not say who is to do the counting and the issue has not previously been brought before the Court. It logically follows the Vice president does but this requires him to also  decide if some state’s electors should be counted if controversies and litigation are still not resolved. Democrats would certainly object to a Republican deciding  in case of a closely contested battle ground state.

A new House is seated on January 3, President assumes office Jan. 21.,. but the members elected in 2020 will vote not those elected in 2018.  Some may also be contested or require run offs. One new Democrat representative in Pennsylvania and  a flip in one other state  and the House could be divided 25-25.   Therefore, the Electoral System fails. 

If the Electoral system fails in House, the 12th Amendment says the Senate must immediately elect a Vice President. The Republicans with 53-47current vote majority would chose Pence Vice President. However, it will be the Senators chosen in the 2020 election not the Senators chosen in 2018. If the Senate is split 50-50, VP Pence decides and he can cast the deciding vote and thus he is elected Vice President. On January 20, 2021, he then become President because of inability of House to break its own deadlock.

However if it is decided Pence should not cast tie breaking vote, then the Presidential Succession Act. Of 1947, amended 2006, comes into play where Speaker Pelosi is first in line, President pro tem,  Senator. Grasley, follows, and then cabinet officers beginning with Secretary of State Pompeo. However, the Act is also considered unconstitutional because neither Pelosi or Grasley are Officers as required and succession falls to Pompeo.

All of this suggests a Constitutional crisis as never before or as imagined by Founders. Just as in 2016 election, Democrats will not accept Trump as President again. Whereas in 2016 there was much weeping, wailing, and thumping of the chest by Democrats, a 2020 re-election of Trump, promises to be met by much civil disturbance in the large blue urban areas. As the Democrat Socialist party has said, the movement is a revolution and  it has started.

These is reason why Republicans/Trump thought it imperative there be a 9th Supreme Court judge before the Nov. 3 election. A 4-4 Court would mean a return to the appellate court or Congress. Then the confusion really begins.

Have a nice day. MAGA. Res Publica.

Filed Under: Bottom, News, Opinion

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search

Join the Conversation!

Send letters, opinion, goings on or photos to capecharlesmirror@gmail.com

Mirrors

Recent Comments

  • Do Better Ron on Vandalism, Dog Poop is taking a toll on Cape Charles Central Park
  • Stuart Bell on Op-Ed: To Heal the Nation, Biden Must Apologize
  • Paul Plante on Biden’s Gun Confiscation Plan in Motion
  • Paul Plante on Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete
  • Kevin Dowse on Check the Code: Dominion Voting system tied to Hugo Chavez voter fraud was used in 2020 swing states
  • Paul Plante on Opinion: Making it Up as they Go
  • Paul Plante on Op-Ed: To Heal the Nation, Biden Must Apologize
  • Paul Plante on Diane D’Amico, Edward Wells appointed to Historic District Review Board
  • Lewis Parks on Diane D’Amico, Edward Wells appointed to Historic District Review Board
  • Lifelong on Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete
  • Lifelong on Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete
  • Paul Plante on Opinion: Making it Up as they Go
  • Paul Plante on Opinion: Making it Up as they Go
  • Paul Plante on Biden’s Gun Confiscation Plan in Motion
  • Ambassador Mount on Biden’s Gun Confiscation Plan in Motion
  • Blue Hoss on Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete
  • Bill on Diane D’Amico, Edward Wells appointed to Historic District Review Board
  • Stuart Bell on Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete
  • Stuart Bell on New Word: White Adjacent
  • Grumpy Old Man on Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete

Trending Now

  • Concerned Citizens of Cape Charles ratcheting up attacks on Coastal Precast Concrete
  • List Of Clinton Associates Who Allegedly Died Mysteriously Or Committed Suicide Before Testimony
  • Drawing for Buck Doughty Sculpture
  • Cape Charles approves ordinance changes for sidewalk traffic
  • Diane D’Amico, Edward Wells appointed to Historic District Review Board
  • Op-Ed: Compare George Orwell's 1984 to Society Today
  • 50 Year-old Transexual Joins woman's basketball team
  • Biden's Gun Confiscation Plan in Motion
  • New Word: White Adjacent
  • Bottom Fishing with Jim Baugh Outdoors

Subscribe to CC Mirror via Email

Enter your email address to subscribe

Copyright © 2021 · News Pro Theme on Genesis Framework · WordPress · Log in