WASHINGTON, D.C.—the battleground states that failed to appoint electors on November 3rd, has missed the opportunity to appoint “the electors of President and Vice President. The federal law can not be changed by the Secretary of States or Canvassing Boards like in Michigan, The law says each elector ” shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.” The States who failed to tally their ballots on November 3rd to elect the electors on that date—forfeited their opportunity to appoint.
“Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”
“The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.”
The battleground States are ignoring a key clause of the Constitution, which gives the legislatures the ability to dictate when the electors must be appointed—they failed to appoint their electors on election day before 12 midnight.
The battleground states that failed to appoint their electors, Arizona, California, Florida, Georgia, Hawaii, Michigan, Minnesota, Nevada, New York, North Carolina, Democratic governors would also stand in the way in states like Michigan, Pennsylvania and Wisconsin.
President Donald J. Trump has not conceded the race to Joe Biden because the states have not appointed their electors and they have not been certified.
“We all know why Joe Biden is rushing to falsely pose as the winner, and why his media allies are trying so hard to help him: they don’t want the truth to be exposed. The simple fact is this election is far from over. Joe Biden has not been certified as the winner of any states, let alone any of the highly contested states headed for mandatory recounts, or states where our campaign has valid and legitimate legal challenges that could determine the ultimate victor. In Pennsylvania, for example, our legal observers were not permitted meaningful access to watch the counting process. Legal votes decide who is president, not the news media,” President Trump’s statement read.
This is election is not over, because several States failed to comply with Title 3, Chapter 1 .
“This election is not over,” Matt Morgan, the Trump campaign’s general counsel, said in a statement Friday morning. “The false projection of Joe Biden as the winner is based on results in four states that are far from final.” The statement went on to allege, without evidence, that there were irregularities in vote counting in Georgia, Nevada and Pennsylvania, while simultaneously saying vote counting in Arizona would eventually deliver him the state.
“If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.”
“It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made…”.
The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.
Georgia’s ballot recount was outside of the law governing the electors process “Out of approximately 5 million votes cast, we’ll have a margin of a few thousand,” said Georgia’s Secretary of State Brad Raffensperger at a Friday morning press conference. “With a margin that small, there will be a recount in Georgia.”
The state is supposed to certify results by Nov. 20 but the “hope and intent” is to complete that process earlier, Sterling said. But, the federal law states that the appointment of the electors must take place on November 3rd—Georgia failed to comply with the federal law. And since they did not appoint their electors on election day—the State can not certify electors that violates federal law of appointments.