[EL] ELB News and Commentary 12/20/20

[Marty Lederman]

Well, now that the President of the United States has filed a brief in the
Supreme Court representing that "in Pennsylvania (as well as in six other
states), two different slates of electors met, cast votes, and transmitted
those votes to the President of the Senate," I'll re-up my question from
last week:  Does anyone know where we can find whatever it was that those
seven slates of ersatz electors sent to Pence? Are there copies with the
Archivist, the seven State Secretaries of State?  Seven district court
judges?  If so, have any of them posted the documents for public review?
Thanks

FWIW, 3 USC 11 provides that the electors must send six copies of their
certificates of votes as follows:

The electors shall dispose of the certificates so made by them and the
lists attached thereto in the following manner:

First. They shall forthwith forward by registered mail *one of the same to
the President of the Senate* at the seat of government.

Second. *Two of the same shall be delivered to the secretary of state of
the State,* one of which shall be held subject to the order of the
President of the Senate, the other to 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.

Third. On the day thereafter they shall forward by registered mail *two of
such certificates and lists to the Archivist of the United States at the
seat of government*, one of which shall be held subject to the order of the
President of the Senate. The other shall be preserved by the Archivist of
the United States for one year and shall be a part of the public records of
his office and shall be open to public inspection.

Fourth. They shall forthwith cause the other of the certificates and lists
to be delivered *to the judge of the district in which the electors shall
have assembled*.


On Sun, Dec 20, 2020 at 3:31 PM Rick Hasen <rhasen at law.uci.edu> wrote:

>
>
> Trump Campaign Files Ridiculous New Expedited Cert Petition, Seeking
> Supreme Court Order to Overturn PA Election Results, Relying on Fake
> Electors for Trump from PA as Reported by the Epoch Times
> <https://electionlawblog.org/?p=119802>
>
> Posted on December 20, 2020 12:03 pm
> <https://electionlawblog.org/?p=119802> by *Rick Hasen*
> <https://electionlawblog.org/?author=3>
>
> John Eastman should be ashamed of this petition
> <https://cdn.donaldjtrump.com/public-files/press_assets/trump-v-boockvar-petition.pdf> for
> cert and motion to expedite
> <https://cdn.donaldjtrump.com/public-files/press_assets/trump-v-boockvar-motion.pdf>
> .
>
> I won’t go through all of the ridiculous things here, but this is an
> attempt to challenge PA Supreme Court cases in October and mid-November.
> There is absolutely no excuse to have waited this long, and to have tried
> to sue after the electoral college slates voted.
>
> And no, a group of people getting together and calling themselves
> “electors” without any state authority to do so are not electors. The
> citation to the *Epoch Times* in support of the choice of the alternative
> slate made me laugh out loud.
>
> Update: Josh Douglas flagged for me some very concerning language about
> “disruption” in the motion to expedite:
>
> “Finally, if this matter is not timely resolved, not only Petitioner, but
> the Nation as а whole may suffer injury from the resulting confusion.
> Indeed, the intense national and worldwide attention on the 2020
> Presidential election only foreshadows the *disruption that may well
> follow* if the uncertainty and unfairness shrouding this election are
> allowed to persist. The importance of а prompt resolution of the federal
> constitutional questions presented by this case cannot be overstated.”
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D119802&title=Trump%20Campaign%20Files%20Ridiculous%20New%20Expedited%20Cert%20Petition%2C%20Seeking%20Supreme%20Court%20Order%20to%20Overturn%20PA%20Election%20Results%2C%20Relying%20on%20Fake%20Electors%20for%20Trump%20from%20PA%20as%20Reported%20by%20the%20Epoch%20Times>
>
> Posted in chicanery <https://electionlawblog.org/?cat=12>, electoral
> college <https://electionlawblog.org/?cat=44>, fraudulent fraud squad
> <https://electionlawblog.org/?cat=8>, Supreme Court
> <https://electionlawblog.org/?cat=29>
>
>
>
>
>
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