Anonymous asked in Politics & GovernmentElections · 2 months ago

Despite what the PA court ruled today...can PA still decertify their electoral votes by their legislature? why or not?

5 Answers

  • Tmess2
    Lv 7
    2 months ago
    Favourite answer

    Well they can try, but legally they can't.

    The Constitution allows the state legislatures to choose the means of selecting electors but allows Congress to set the date and time for selecting electors.

    Federal law requires states to choose electors on a specific date -- the first Tuesday after the first Monday in November (this year -- November 3).  Other federal statutes recognize as legitimate the slate of electors certified by the governor of a state if those electors are:  1) certified by a specific date (this year -- December 8); and 2) if those electors were chosen under a state law in effect on election day.  

    Pennsylvania state law directs that the slate of electors pledged to the candidate that gets the most votes state-wide.  Furthermore, Pennsylvania state law makes the counting of the votes an administrative process (i.e. done by local election authorities with the local results combined by the Secretary of the Commonwealth) subject to judicial review (in a properly filed election contest).  That law gives the legislature no power to overturn the certification of the election by the Secretary of the Commonwealth.  Only a court can do that.

    As such, because current Pennsylvania law gives the legislature no role between November 3 and December 14 (the date that electors vote), the only slate of electors certified by the governor (who has already acted) will be the slate pledged to Biden-Harris.  If the legislature tries to certify a different slate (and they will not), the dispute would go to Congress.  Under federal law, the slate certified by the governor is presumed to be the valid slate.  That slate can only be rejected if both houses separately vote to reject it.  And the votes are not their in either the House or the Senate to reject the current slate from Pennsylvania.

  • RICK
    Lv 7
    2 months ago

    No, once certified there is no legal mechanism to decertify

  • Anonymous
    2 months ago

    Trump is just rabble rousing his supporters and getting everyone else riled enough to kill him. He loves the chaos he creates, and doesn't even think of his supporters as people. He doesn't care about anyone other than himself.

    There are certainly GOP legislatures that only care about politics and don't care that the public would stand an even chance of firebombing them. Since google gets flooded with Right Wing sites, it's difficult to know what's really happening.

    The leadership in Pennsylvania said they will NOT interfere with the process, even if some rogue tries to do so.

    According to the only non-Partisan detail I found, The election is certified, the electors are appointed already, and the Republican leaders already said they will not intervene against the will of the voters. They have no method by which to do it and the 28/21/1 is not a 2/3 majority for anything that requires governor approval. 

    This is mostly a lot of noise. 

  • Anonymous
    2 months ago

    Well if Hail Mary doesn't work try Hail Jesus and then Hail Skydaddy .

    Use Prayer . Hail Satan might be an option .

    Also try invoking Harry Potter .

    Maybe a witch doctor who specializes VooDoo and pins 

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  • Anonymous
    2 months ago

    yes, it all comes down to the state legislature members. they can even change the electoral votes to favor Trump, if they wish. that is why Trump;s legal team is appealing to the legislature branches on live tv. next week in MI, AZ, and NV

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