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What happens in a contested election?


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This is pretty clear cut.....if there is evidence presented to the courts...(ending at the Supreme Court).....that clearly indicates there has been fraud....or just an errant counting system/process....(Dominion Systems and their voting software clitches).....the Supreme Court  can rule this as a "Contested Election"

That's the extent of the SC's involvement....

 

Election process is handled by Congress....and so the Congress will determine the next President.....

 

But....it's a bit more involved than you think.....     CL

Tied or contested election

The founders proved prescient: The elections of 1800 and 1824 did not produce winners in the Electoral College and were decided by the House.

 

Thomas Jefferson was chosen in 1800 and John Quincy Adams in 1824.

Over time, the development of a two-party system with national nominating conventions – which allows parties to broker coalitions and unite behind a single presidential candidate – has basically ensured that the Electoral College produces a winner. Though the Electoral College has changed significantly since the 18th century, it has mostly kept Congress out of presidential selection.

 

A tie in the Electoral College is one way the 2020 election could end up with Congress. In the extremely unlikely scenario that both Joe Biden and Donald Trump get 269 electors, the election would be thrown into the House.

 

A more likely scenario is that the Trump campaign’s litigation winds up getting Congress involved in the 2020 election.

 

Though courts will decide specific questions of legal interpretation in voting disputes, they do not want to be perceived as deciding the 2020 election result, as the Supreme Court did in 2000. Where possible, judges will decline to hear lawsuits that ask big political questions and leave these issues for the political system to resolve.

 

Enter Congress. If neither candidate gets to 270 electors due to disputed ballots, the House would have to decide the election.

Though the House has a Democratic majority, such an outcome would almost certainly benefit Trump.

 

Here’s why: In a concession to small states concerned their voices would be marginalized if the House was called upon to choose the president, the founders gave only one vote to each state. House delegations from each state meet to decide how to cast their single vote.

 

That voting procedure gives equal representation to California – population 40 million – and Wyoming, population 600,000.

 

This arrangement favors Republicans. The GOP has dominated the House delegations of 26 states since 2018 – exactly the number required to reach a majority under the rules of House presidential selection. But it’s not the current House that would decide a contested 2020 election; it is the newly elected House, and many Nov. 3 congressional races remain undecided.

 

So far, though, Republicans have retained control of the 26 congressional delegations they currently hold, and Democrats have lost control of two states, Minnesota and Iowa.

 

Evenly divided delegations count as abstentions, and Republican gains in Minnesota and Iowa are moving these states from Democratic to abstentions.

 

(More to add......have a meeting at the top of the hour.....)      CL

 
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EO 13848:

Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election

Signed:

09/12/2018

Published:

09/14/2018

FR Citation:

83 FR 46843

FR Doc. Number:

2018-20203

 PDF

6 pages

 Permalink

See: EO 13694, April 1, 2015; EO 13757, December 28, 2016, Proc. 8693, July 24, 2011

 

https://www.federalregister.gov/documents/2018/09/14/2018-20203/imposing-certain-sanctions-in-the-event-of-foreign-interference-in-a-united-states-election

 

Although there has been no evidence of a foreign power altering the outcome or vote tabulation in any United States election, foreign powers have historically sought to exploit America's free and open political system. In recent years, the proliferation of digital devices and internet-based communications has created significant vulnerabilities and magnified the scope and intensity of the threat of foreign interference, as illustrated in the 2017 Intelligence Community Assessment. I hereby declare a national emergency to deal with this threat.

 

(b) Within 45 days of receiving the assessment and information described in section 1(a) of this order, the Attorney General and the Secretary of Homeland Security, in consultation with the heads of any other appropriate agencies and, as appropriate, State and local officials, shall deliver to the President, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defense a report evaluating, with respect to the United States election that is the subject of the assessment described in section 1(a):

(i) the extent to which any foreign interference that targeted election infrastructure materially affected the security or integrity of that infrastructure, the tabulation of votes, or the timely transmission of election results; and

(ii) if any foreign interference involved activities targeting the infrastructure of, or pertaining to, a political organization, campaign, or candidate, the Start Printed Page 46844extent to which such activities materially affected the security or integrity of that infrastructure, including by unauthorized access to, disclosure or threatened disclosure of, or alteration or falsification of, information or data.

 

(d) Nothing in this order shall prevent the head of any agency or any other appropriate official from tendering to the President, at any time through an appropriate channel, any analysis, information, assessment, or evaluation of foreign interference in a United States election.

 

(f) Not later than 30 days following the date of this order, the Secretary of State, the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall develop a framework for the process that will be used to carry out their respective responsibilities pursuant to this order. The framework, which may be classified in whole or in part, shall focus on ensuring that agencies fulfill their responsibilities pursuant to this order in a manner that maintains methodological consistency; protects law enforcement or other sensitive information and intelligence sources and methods; maintains an appropriate separation between intelligence functions and policy and legal judgments; ensures that efforts to protect electoral processes and institutions are insulated from political bias; and respects the principles of free speech and open debate.

 

WOWZERS!!!

 

Hey EVERYBODAE' - LOOKIE HERE!!!

 

Sec. 2. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the Secretary of Homeland Security:

(i) to have directly or indirectly engaged in, sponsored, concealed, or otherwise been complicit in foreign interference in a United States election;

(ii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in subsection (a)(i) of this section or any person whose property and interests in property are blocked pursuant to this order; or

(iii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property or interests in property are blocked pursuant to this order.

 

Sec. 8. For the purposes of this order:

(a) the term “person” means an individual or entity;

(b) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;

(c) the term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person (including a foreign person) in the United States;

(d) the term “election infrastructure” means information and communications technology and systems used by or on behalf of the Federal Government or a State or local government in managing the election process, including voter registration databases, voting machines, voting tabulation equipment, and equipment for the secure transmission of election results;

(e) the term “United States election” means any election for Federal office held on, or after, the date of this order;

(f) the term “foreign interference,” with respect to an election, includes any covert, fraudulent, deceptive, or unlawful actions or attempted actions of a foreign government, or of any person acting as an agent of or on behalf of a foreign government, undertaken with the purpose or effect of influencing, undermining confidence in, or altering the result or reported result of, the election, or undermining public confidence in election processes or institutions;

(g) the term “foreign government” means any national, state, provincial, or other governing authority, any political party, or any official of any governing authority or political party, in each case of a country other than the United States;

(h) the term “covert,” with respect to an action or attempted action, means characterized by an intent or apparent intent that the role of a foreign government will not be apparent or acknowledged publicly; and

(i) the term “State” means the several States or any of the territories, dependencies, or possessions of the United States.

 

Sec. 11. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may re-delegate any of these functions to other officers within the Department of the Treasury consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.

 

 

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A contested election leads to this......   CL

 

In the United States, a contingent election is the procedure used to elect the President or Vice President in the event that no candidate for one or both of these offices wins an absolute majority of votes in the Electoral College.

 

A presidential contingent election is decided by a special vote of the United States House of Representatives, while a vice-presidential contingent election is decided by a vote of the United States Senate.

 

During a contingent election in the House, each state's delegation casts one en bloc vote to determine the president, rather than a vote from each representative. Senators, on the other hand, cast votes individually for vice president.

 

The contingent election process was originally established in Article Two, Section 1, Clause 3 of the United States Constitution. The procedure was modified by the 12th Amendment in 1804, under which the House chooses one of the three candidates who received the most electoral votes, while the Senate chooses one of the two candidates who received the most electoral votes.

 

The phrase "contingent election" is not found in the text of the Constitution itself, but has been used to describe this procedure since at least 1823.[1]

 

Contingent elections have occurred only three times in American history: in 1801, 1825, and 1837. In 1800, Thomas Jefferson and Aaron Burr, the presidential and vice-presidential nominees on the ticket of the Democratic-Republican party, received the same number of electoral votes. Under the procedures in place at the time, this necessitated a contingent election the following year to decide which would be President and which Vice President.

 

 In 1824, the Electoral College was split between four candidates, with Andrew Jackson losing the subsequent contingent election to John Quincy Adams, despite having won a plurality of both the popular and electoral vote. 

 

In 1836, faithless electors in Virginia refused to vote for Martin Van Buren's vice-presidential nominee Richard Mentor Johnson, denying him a majority of the electoral vote and forcing the Senate to elect him in a contingent election.

 

The three past contingent elections were held by the outgoing Congress, since, at the time, congressional terms ended / began on March 4, the same day as presidential terms. In 1933, the 20th Amendment moved the congressional term end / start date to an earlier date in the year than the new January 20 presidential term end / start date. As a result, any future contingent election will be held by the incoming congress.

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20 hours ago, Synopsis said:

EO 13848:

Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election

Signed:

09/12/2018

Published:

09/14/2018

FR Citation:

83 FR 46843

FR Doc. Number:

2018-20203

 PDF

6 pages

 Permalink

See: EO 13694, April 1, 2015; EO 13757, December 28, 2016, Proc. 8693, July 24, 2011

 

https://www.federalregister.gov/documents/2018/09/14/2018-20203/imposing-certain-sanctions-in-the-event-of-foreign-interference-in-a-united-states-election

 

Although there has been no evidence of a foreign power altering the outcome or vote tabulation in any United States election, foreign powers have historically sought to exploit America's free and open political system. In recent years, the proliferation of digital devices and internet-based communications has created significant vulnerabilities and magnified the scope and intensity of the threat of foreign interference, as illustrated in the 2017 Intelligence Community Assessment. I hereby declare a national emergency to deal with this threat.

 

(b) Within 45 days of receiving the assessment and information described in section 1(a) of this order, the Attorney General and the Secretary of Homeland Security, in consultation with the heads of any other appropriate agencies and, as appropriate, State and local officials, shall deliver to the President, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defense a report evaluating, with respect to the United States election that is the subject of the assessment described in section 1(a):

(i) the extent to which any foreign interference that targeted election infrastructure materially affected the security or integrity of that infrastructure, the tabulation of votes, or the timely transmission of election results; and

(ii) if any foreign interference involved activities targeting the infrastructure of, or pertaining to, a political organization, campaign, or candidate, the Start Printed Page 46844extent to which such activities materially affected the security or integrity of that infrastructure, including by unauthorized access to, disclosure or threatened disclosure of, or alteration or falsification of, information or data.

 

(d) Nothing in this order shall prevent the head of any agency or any other appropriate official from tendering to the President, at any time through an appropriate channel, any analysis, information, assessment, or evaluation of foreign interference in a United States election.

 

(f) Not later than 30 days following the date of this order, the Secretary of State, the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall develop a framework for the process that will be used to carry out their respective responsibilities pursuant to this order. The framework, which may be classified in whole or in part, shall focus on ensuring that agencies fulfill their responsibilities pursuant to this order in a manner that maintains methodological consistency; protects law enforcement or other sensitive information and intelligence sources and methods; maintains an appropriate separation between intelligence functions and policy and legal judgments; ensures that efforts to protect electoral processes and institutions are insulated from political bias; and respects the principles of free speech and open debate.

 

WOWZERS!!!

 

Hey EVERYBODAE' - LOOKIE HERE!!!

 

Sec. 2. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the Secretary of Homeland Security:

(i) to have directly or indirectly engaged in, sponsored, concealed, or otherwise been complicit in foreign interference in a United States election;

(ii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in subsection (a)(i) of this section or any person whose property and interests in property are blocked pursuant to this order; or

(iii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property or interests in property are blocked pursuant to this order.

 

Sec. 8. For the purposes of this order:

(a) the term “person” means an individual or entity;

(b) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;

(c) the term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person (including a foreign person) in the United States;

(d) the term “election infrastructure” means information and communications technology and systems used by or on behalf of the Federal Government or a State or local government in managing the election process, including voter registration databases, voting machines, voting tabulation equipment, and equipment for the secure transmission of election results;

(e) the term “United States election” means any election for Federal office held on, or after, the date of this order;

(f) the term “foreign interference,” with respect to an election, includes any covert, fraudulent, deceptive, or unlawful actions or attempted actions of a foreign government, or of any person acting as an agent of or on behalf of a foreign government, undertaken with the purpose or effect of influencing, undermining confidence in, or altering the result or reported result of, the election, or undermining public confidence in election processes or institutions;

(g) the term “foreign government” means any national, state, provincial, or other governing authority, any political party, or any official of any governing authority or political party, in each case of a country other than the United States;

(h) the term “covert,” with respect to an action or attempted action, means characterized by an intent or apparent intent that the role of a foreign government will not be apparent or acknowledged publicly; and

(i) the term “State” means the several States or any of the territories, dependencies, or possessions of the United States.

 

Sec. 11. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may re-delegate any of these functions to other officers within the Department of the Treasury consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.

 

 

 

Interesting stuff....this time around it appears it is corruption by the left....or even just some honest malfunction of the Dominion voting system that is the main issue .....the issue that will cause the Election to be ultimately be completed by Congress.   CL 

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1 minute ago, caddieman said:

Relax CL it’s a joke.........Like it will make everyone crazy!

 

 

 

 

 

 

 

I am relaxed.....the malfeasance of this election is what should be making every citizen "crazy"....

CL

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8 minutes ago, caddieman said:

Relax CL it’s a joke.........Like it will drive everyone crazy!

 

 

 

 

 

 

 

Here's a good one.......no joke either....  CL

 

After her confirmation, Amy Coney Barrett will be one of the three current Supreme Court justices who assisted the legal team of then-Texas Gov. George W. Bush in the Florida ballot recount conflict that came down to only one vote at the Supreme Court.

 

 

 

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10 minutes ago, coorslite21 said:

 

Interesting stuff....this time around it appears it is corruption by the left....or even just some honest malfunction of the Dominion voting system that is the main issue .....the issue that will cause the Election to be ultimately be completed by Congress.   CL 

 

It will be a modern Cdonstitutional history lesson to see this all play out. My confidence is low that Democrats will allow for this to process without trying to derail this, too.

 

My desire is that We The People is accurately represented. Enough is Enough for past and present electoral corruption. The process is easily established and can be followed without the potential for instituted corruption. Mistakes, yes. Minor in number, though.

 

The basis, of course:

  1. Current AND living bone fide The United States Of America Citizen not prosecuted for a crime preventing voting.
  2. Legallfy AND currently registered voter in a voting precinct.
  3. Presenting photo identification at the time of voting in person.
  4. Absentee (or equivalent) ballot mailed to currently listed address and promptly returned via authorized channels to the ballot tally location so the cast vote is properly and timely noted.
  5. Voter roles noting absentee (or equivalent) ballot requests having been made with subsequent barring from other early voting or vote day voting.
  6. Precinct voter roles updated and confirmed prior to early voting to remove deceased individuals and previous registrants who have moved or no longer legally eligible to vote in the precinct.

 

Obviously, secured ballot (physical and electronic) must be in place for accurate vote counts by We The People.

 

I would hope EVERY The United States Of America Citizen agrees with these bases for the integrity of the DEMOCRATIC process for the perpetuity of THIS Great Nation as a Democratic Republic.

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