“If the state legislatures determine that fraudulent votes have been cast during the Presidential election, they could decide to select alternate Electoral College electors who can support Trump’s presidential claim. In such a scenario, the Supreme Court might play a big role,” lawyer and legal scholar Alan Dershowitz said in an interview with Fox News.
“The unanswered constitutional question is, do they have the powers, the legislatures, to pick electors after the voters vote if they conclude that the voters’ count has been in some way fraudulent or wrong? That is a constitutional question we don’t know the answer to, and the Supreme Court may get to decide that question if a state legislature decides to determine who the electors should be, and changes the electors from Biden to Trump,” he said in the interview.
When asked whether the U.S. Supreme Court would rule Pennsylvania’s decision to extend the deadline for receiving mail-in ballots after Election Day as “unconstitutional,” Dershowitz replied in the affirmative. Democrats have argued for such extensions on claims that the coronavirus pandemic would disrupt the normal functioning of the United States Postal Service. Dershowitz also suggested that a nonpartisan panel be set up to investigate and provide recommendations on how to deal with claims of fraud in future elections.
Trump’s lawyer Rudy Giuliani noted that it is quite possible that the states of Georgia, Michigan, and Arizona could change their Electoral College voters. These are the states where the legislatures are under the control of the Republican Party. Given the incessant claims of voter fraud emerging from these swing states, it shouldn’t be surprising if the legislatures decide to send in their own group of electors to support a second Trump presidency. Giuliani pointed out that it is the state legislatures that have the right to select the President and not the board of elections or state governors.
In Michigan, the Trump campaign asked the Supreme Court to declare that the Secretary of State, Jocelyn Benson, has violated election laws and the constitution of the state as she allowed absentee ballots to be counted while poll challengers were absent. According to Trump’s legal team, this goes against the voters’ right to lawful and fair elections.
Lobbying state legislature
Republican Senator Burt Jones has asked voters to pressure the Georgia Legislature to convene a special session to discuss election fraud. Governor Brian Kemp has refused to call the session. In a joint statement with Lt. Governor Geoff Duncan, Kemp argued that attempts by the state legislature to select their own electors would violate Georgia state law, a claim which many experts dismiss.
Trump has expressed great displeasure with Kemp, Duncan, and Secretary of State Brad Raffensperger, calling them RINO (Republicans In Name Only) on Twitter. “RINOS @BrianKempGA @GeoffDuncanGA, & Secretary of State Brad Raffensperger, will be solely responsible for the potential loss of our two GREAT Senators from Georgia, @sendavidperdue & @KLoeffler. Won’t call a Special Session or check for Signature Verification! People are ANGRY!” he said in a tweet.
Four Republican senators — Brandon Beach, William Ligon, Jones, and Greg Dolezal — have launched a written petition aimed at collecting enough signatures to force a special session. Trump’s lawyers, Rudi Giuliani and Jenna Ellis, have also supported the idea of convening a special session. Biden only leads Trump by around 13,000 votes in Georgia, a state that accounts for 16 electoral votes.