Friday, November 20, 2020

There is no option to sabotage a presidential election. The electors vote the way the electorate voted.

The Rule of Law.

 MICHIGAN ELECTION LAW (EXCERPT) (click here)

Act 116 of 1954


168.47 Convening of presidential electors; time and place thereof; resignations; refusal or failure to vote; vacancies.

Sec. 47.

   The electors of president and vice-president shall convene in the senate chamber at the capitol of the state at 2 p.m., eastern standard time, on the first Monday after the second Wednesday in December following their election. At any time before receipt of the certificate of the governor or within 48 hours thereafter, an elector may resign by submitting his written and verified resignation to the governor. Failure to so resign signifies consent to serve and to cast his vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated him. Refusal or failure to vote for the candidates for president and vice-president appearing on the Michigan ballot of the political party which nominated the elector constitutes a resignation from the office of elector, his vote shall not be recorded and the remaining electors shall forthwith fill the vacancy. The ballot used by the elector shall bear the name of the elector. If at the time of convening there is any vacancy caused by death, resignation, refusal or failure to vote, neglect to attend, or ineligibility of any person elected, or for any other cause, the qualified electors of president and vice-president shall proceed to fill such vacancy by ballot, by a plurality of votes. When all the electors appear and the vacancy shall be filled, they shall proceed to perform the duties of such electors, as required by the constitution and laws of the United States. If congress hereafter fixes a different day for such meeting, the electors shall meet and give their votes on the day designated by act of congress.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1971, Act 172, Eff. Mar. 30, 1972
Popular Name: Election Code

Brookings:

Jully 14, 2020
By Barry Fadem

In July 6, 2020, (click here) the U.S. Supreme Court unanimously ruled that states have the power to require presidential electors to vote for their party’s candidate for president.

More specifically, the decision allows states to pass laws requiring presidential electors to cast their votes in a manner that faithfully reflects their commitment to vote for the person they promised to choose when they were nominated as an elector....

...The opinion goes on:

The Constitution is barebones about electors. Article II includes only the instruction to each State to appoint, in whatever way it likes, [its presidential electors]. The Twelfth Amendment then tells electors to meet in their States, to vote for President and Vice President separately, and to transmit lists of all their votes to the President of the United States Senate for counting. … That is all.”.

Justice Thomas reached the same conclusion as the other justices, but he (and Justice Gorsuch) said that the 10th Amendment provided a basis for the decision. Thomas wrote that the “powers related to electors reside with States to the extent that the Constitution does not remove or restrict that power. Thus, to invalidate a state law, there must be ‘something in the Federal Constitution that deprives the [States of] the power to enact such a measure.’”...