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A The Twelfth Amendment to the United States Constitution could lead to the presidential election for the Housetimes of Representatives, in a different process than normal: each of the 50 States would have only one valid vote to elect the President.
As the Republican Party now controls 26 seats in the Câtimes of Representatives, rather than of the Democratic Party, the result would be a victory for Donald Trump.
But the 12th Amendment could only be used if the Electoral College’s normal voting process was inconclusive or if it was challenged with substantiated evidence of material fraud.
In the event of a tie in the Electoral College or if no candidate obtains 270 votes out of a total of 538 delegates, the 12th Amendment would go into effect, but “it is a strange system” that has only been used once in history, in the 19th century. , explains Professor Gregory to Lusa Magarian.
“This provision is out of the question,” explains the expert, because there was no tie.
Counts indicate that Joe Biden it will have obtained 306 votes of the Electoral College, against 232 of Trump.
“In my 20 years teaching and studying Constitutional Law, I have not spoken about the 12th Amendment before the last six months. It is extremely esoteric and an extremely unusual backup plan,” he considers. Gregoy Magarian.
John Eastman, Professor of Law at Chapman University and director of the Center for Constitutional Jurisprudence of the Claremont Institute, says, in a statement sent to Lusa, that if the 12th Amendment were applied, the victory of Donald Trump would be expected.
“The chances of that happening are slim – with just two candidates, only a draw would go direct the election to the Housetimes of Representatives “, added John Eastman, specialist in constitutional law and with teaching experience in the Supreme Court of United States.
According to Tracey Maclin, a member of the American Institute of Law, it is also unlikely that the election will finally be decided in the Housetimes of Representatives.
“There is nothing Donald Trump can do to achieve this scenario,” believes the multi-award-winning Boston University law professor.
Despite all the legal processes that Donald Trump’s team is imposing against several states, alleging electoral fraud and calling for the nullification of votes, it is practically impossible to take the victory from Joe. Bidenand there is no consistent evidence of fraud or violation of laws.
“The president does not have powers granted by the Constitution to control what happens when it comes to elections,” says Tracey. Maclin, adding that “Trump cannot say he will invalidate Georgia’s votes or Pensilvagirl“, for example.
According to Gregory Magarian, one idea of Donald Trump’s campaign is for the Wisconsin state legislature to reject the Election Day vote and only consider votes in favor of Trump.
Wisconsin was sued after Joe Biden be declared the winner in the state, with a difference of 20 thousand votes from Donald Trump, a difference considered small.
Magarian explains that “there is no legal and appropriate way for the Wisconsin legislature to intervene after Election Day” to decide that the ten votes in the Electoral College are for Trump and not the winner of the popular vote in the state.
In another example, Donald Trump presented a action Nevada, on fraud charges, asking the State Court to order all six votes respective The Nevada Electoral College are attributed to Trump or, alternatively, not counted at all.
“That would be an extraordinary use of the judiciary … and it would be far beyond what is incumbent on the courts in elections,” says Gregory. Magarian.
“Any idea of a court ordering the cancellation of a large number of votes would be apocalyptic,” he said.
Tracey Maclin introduces the example of the State of Georgia, a historically republican state that has 16 delegates in the Electoral College, but in this election had a majority of popular votes by the Democratic candidate, Joe Biden.
Even if it were a requirement of the president, Georgia lawmakers would not be able to nominate only the top Electoral College voters who voted for Trump and ignore popular votes from November, who gave majority to Biden.
If you tried to do so, it would end up in Federal Court, above state law.
“The president of United States has no power over how states Please select their voters and has no power over the electoral process, because those responsibilities are of the states “, concludes Tracey Maclin.
For Gregory Magarian“It seems very clear that what Trump is doing is pretty desperate, filing as many lawsuits as possible, filing unsubstantiated complaints and allegations of voter fraud and hoping something will stick.”
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