Nu är det sista flashback inlägget så svara inte.
Citat:
Ursprungligen postat av
joxmoose
Åter igen, Senatens President bestämmer inte själv vilka elektorsröster som ska räknas utan kongressen som helhet. Dessutom har de inte Guvernörens signatur och är därmed värdelös.
3 U.S. Code § 15 - Counting electoral votes in Congress
Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates;
and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses.
Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision;
and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State;
but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of.
3 U.S. Code § 6 - Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection
It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State;
and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Archivist of the United States shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Archivist of the United States at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the National Archives and Records Administration.
3 U.S. Code § 5. Determination of controversy as to appointment of electors
If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures,
and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
1. För att sammanfatta; För att exekutiv konflikten ska utlösas krävs att det finns dubbla elektorsuppsättningar och att de juridiska konflikterna
rent teoretiskt är slutligt avklarade. När så är fallet kan demokraterna i representanthuset utlösa exekutivkonflikten och då i praktiken avgöra valet.
2. Så som valreglerna ser ut i de flesta konfliktstaterna måste rösterna lagligförklaras för att exekutivmakten ska kunna "slutgiltigt" fastställa certifikaten (ett val kan alltså certifieras hur många gånger som helst tills det slutgiltigt är certifierat).
2.1. Skulle president Trump kunna vända/vinna sådana prövningar skulle ju
rent teoretiskt exekutivmakten kunna vägra ändra certifieringen, precis som andra sidan hävdar att vicepresidenten
rent teoretiskt skulle kunna vägra godkänna eller typ rulla fram sin egen "presidential dominion" maskin och börja "räkna elektorer".
3. Hur de sedan kommer att lösa sådana konflikter är lite otydligt men jag antar att de lokala lagarna pekar ut en lokal domstol tex. i Harrisburg och det resultat sedan kan överklagas hela vägen till SCOTUS.
4. Sedan kan ni suga länge på sektion 5s sista halva. Det är en väldigt tvetydig paragraf som i princip säger att ifall prövningar pågår och den lokala statens lag reglerar saken genom exempelvis en lokal safe harbor lag, så skall under de angivna förutsättningarna rösterna räknas så som anges i konstitutionen och nedan i denna lag, så tillvida att det handlar om säkerställandet av elektorer från den givna staten.
4.1. Tycker personligen att personen som skrev den lagen förtjänar en karamell för krånglighet.
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