America's trust-challenged election

Democrats keep shouting, ‘count every vote,’ which is NOT the issue. The issue is: Which votes should be counted? Legal scenarios. Op-ed.

Aviel Sheyin-Stevens, Jur. D. ,

Capitol Hill
Capitol Hill
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Americans went to the polls on November 3, 2020, in the process of electing a president. It was a trust-challenged election. There were justified concerns about constitutional violations in changing state voting laws just before Election Day, documented accounts of significant computer glitches, inexplicable late arrivals of ballot stockpiles, systemic efforts to prevent transparency, etc.; at a level challenging the election’s trustworthiness.

Democrat activists spent much of 2019 and 2020 seeking to overturn constitutionally mandated laws of state legislatures. They succeeded in key states to transform American elections radically into a long process of weeks and months, through both early voting and, predominantly, unsolicited mail-in voting with allowances for troves of ballots to arrive well after polls close on Election Day.

In November 2000, one state, Florida, failed to deliver a transparent, timely and final result. In November 2020, five states — Arizona, Michigan, Nevada, North Carolina, and Pennsylvania — could not produce a transparent result on Election Day or in the hours shortly after. These states were warned of the dangers of their new computer voting systems, or their radical transformation of mail-in voting; whereby, state executives and judges changed the state voter laws to enhance mail-in balloting in a way inconsistent with the Constitution. But a deadlocked Supreme Court failed to act when state judges and executives were overruling constitutionally mandated legislative laws of voting.

Under American law, the Electoral College is the entity that actually elects the president and vice president; however, failing that, Congress elects them in a contingent election.

In electing the president and vice president, each state legislature chooses electors for the Electoral College equal in number to its congressional delegation. Per the Twenty-third Amendment, Washington, DC is entitled to the same number of electors as the least populous state: three electors. Currently, there are 538 electors. 270 or more electoral votes are required to elect the president and vice president.


The Electoral Count Act accounts for what to do if a disputed election, fraud or other problem means electors cannot be chosen by relying on a state’s popular vote.
The actual Electoral College election is governed by the Electoral Count Act, an 1887 law amended in 1948. Among other things, this law sets the exact day that the Electoral College meets: The Monday after the second Wednesday of December. On that day (December 14, 2020, for this election), the chosen electors will assemble in each state and formally cast their votes. By US law, this day is a fixed deadline.

Although every state has chosen its electors by popular vote for more than a century; per the US Constitution, state legislatures have the absolute power to choose their electors, right up until the day the electors meet to cast their ballots.

The Electoral Count Act accounts for what to do if a disputed election, fraud or other problem means electors cannot be chosen by relying on a state’s popular vote:

“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.”

In other words, US law explicitly empowers state legislatures to decide how a state’s electoral votes should be chosen, even after election day, if that election “failed to make a choice.” Certainly, such a “failure” would include a disputed election whose outcome cannot be trusted.

This is a precedent the Supreme Court has recently affirmed.

In 2000, a unanimous US Supreme Court, in Bush v. Palm Beach County Canvassing Board, ruled that the Florida Supreme Court lacked authority to protect the rights of voters by extending the period for conducting manual recounts of disputed presidential ballots.

And in Bush v. Gore, the US Supreme Court further declared that “[t]he individual citizen has no federal constitutional right to vote in presidential elections.” Rather, “the state legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself.” Actually, this was the plan of Florida’s Republican legislature, if the recount ordered by the Florida supreme court had resulted in a victory for Vice-President Al Gore.

In the case of this trust-challenged election, Republican lawmakers should accomplish what the law empowers them to do. This would not be an act of usurping the will of the people, it would instead be a valiant act of restoring the will of the people that was malignantly taken away from them in the dead of night.

With each passing day, evidence is steadily accumulating that Democrat leads in the 2020 election’s decisive states are reportedly built on voter fraud that lacked subtlety. Not only did the Democrats reportedly cheat, they apparently wanted Republicans to know that Trump was being cheated.

In Nevada, ineligible, out-of-state residents reportedly voted, and the dead rose from their graves to vote too.


If it cannot satisfactorily be demonstrated before December 14, 2020 that states’ voting procedures for the presidential election were legitimate and free of fraud, then American law gives state legislatures the power to restore the will of the people of their respective states, as entrusted to their state legislators
In Fulton County, Georgia, officials reportedly told the public they have stopped counting for the night, and then secretly spent additional hours tallying votes unobserved.

In Michigan, a recently-filed lawsuit alleges significant levels of fraud in Wayne County. One poll watcher stated under oath that he forged votes fraudulently added to the state’s qualified voter list. And a Detroit poll watcher, signed an affidavit saying she repeatedly saw city workers coach voters to vote for Joe Biden and other down-ballot Democrats. These are not flimsy allegations. They are sworn statements under oath. If the people making these claims are lying, they can be criminally charged.

In Pennsylvania, a few weeks before Election Day, the Democrat governor, Tom Wolf, tried to get his reforms through the Republican-controlled legislature, including accepting unsolicited mail-in-ballots after polls close on Election Day. He failed. Wolf then went to the state supreme court, which accepted the substance of his plan and added its own shenanigans as well.

Recently, Justice Samuel Alito stepped in — as a US Supreme Court justice, he has the power to do so; he is the justice responsible for that region — and essentially said the legislature has the constitutional authority over the matter.

Justice Alito then ordered the separation of all post-Election Day ballots in Pennsylvania, because they might end up being expunged as illegal.

Democrats keep shouting, ‘count every vote,’ which is NOT the issue. The issue is: Which votes should be counted?

Counting every vote may be a crime if some of these votes were illegal, they were illegally made, they were filled out after the fact, they were illegally placed, they were illegally tabulated, etc.

When enough fraud is found in lesser races to throw the entire outcome into doubt, courts have ordered entirely new elections to be held. But for a critical office as the presidency, such an option is not feasible. The Constitution explicitly requires a president to be chosen by the Electoral College prior to January 20, 2021.

If it cannot satisfactorily be demonstrated before December 14, 2020 (the date state legislatures must choose their electors), that states’ voting procedures for the presidential election were legitimate and free of fraud, then American law gives state legislatures the power to restore the will of the people of their respective states, as entrusted to their state legislators. The state legislatures should pick a slate of Trump-pledged electors, and send their votes to Washington, as the Constitution and Supreme Court explicitly allow.

If the matter gets to the Supreme Court, the justices could rule that the November election is invalid due to fraud or mistakes on a countrywide scale. They could rule that all the unconstitutional mail-in ballots must be removed, and order the states to recount without them. Alternatively, they could rule the election is invalid due to mass voter fraud or violations of the Equal Protection Clause of the Constitution. If that happens, it will be sent to Congress, for the House and Senate to vote for the president and vice president, in a contingent election.

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. Whereas, senators cast votes individually for vice president.


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.
In the House, 30 states’ delegations are held by Republicans, and 19 by Democrats. They will vote down party lines; in accordance with the 12th Amendment of the Constitution. A presidential candidate requires 26 states’ delegations to win.

The only way President Trump won’t remain President is if he concedes this election, which is unlikely to happen. So Democrats and their media cohorts are trying to demoralize him, and put pressure on his lawyers to deprive him of his constitutional right to legal representation.

The Lincoln Project, a political action committee formed in December 2019 to prevent the re-election of President Trump, launched a multi-platform campaign attacking Jones Day and other law firms for their role in assisting Trump’s efforts to investigate fraud claims in the election. Meanwhile, Porter Wright, President Trump’s Pennsylvania law firm has withdrawn.

Election corruption now includes successful threats against Donald Trump’s lawyers; depriving him and his campaign of their constitutional and legal rights to counsel.

Democrats and the media’s calling Joe Biden “President Elect” signifies nothing. They called Al Gore the President Elect for 37 days in 2000, until the courts ruled against him and stopped the re-recounting that was being done in Florida, under varying rules that violated the Equal Protection Clause of the Constitution. And George Bush became the winner.

Two people that were part of that decision are the new Supreme Court Justices Brett Kavanaugh and Amy Coney Barrett. No wonder the Democrats tried so hard to keep them from being confirmed.

It is unlikely that Trump will concede this trust-challenged election. It is imperative that Republican-controlled state legislatures choose electors pledged to him as their Electoral College delegations. Expect President Trump to be re-inaugurated in January 2021.

Dr. Sheyin-Stevens is a Registered Patent Attorney based in Florida, USA. He earned his Doctorate in Law from the University of Miami.



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