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

Mon Dec 21 06:53:12 PST 2020

Assuming the “electors” are even trying to follow anything in the prescribed process, most of the copies will be unavailable (assuming the recipients didn’t just throw them away, which would also make them… unavailable). There’s two sets of the Certificate of Vote/Certificate of Ascertainment that theoretically might be available for viewing at the moment, first would be one of the two sets sent to their state’s Secretary of State and the second would be one of the two sets sent to the National Archives. All the remaining sets are supposed to remain under seal in various places pending the call of the President of the Senate if the copy sent to that office for some reason does not arrive.

Sean Parnell

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Marty Lederman
Sent: Monday, December 21, 2020 7:21 AM
To: Rick Hasen <rhasen at law.uci.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] ELB News and Commentary 12/20/20

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 <mailto:rhasen at law.uci.edu> > wrote:

 <https://electionlawblog.org/?p=119802> 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

Posted on  <https://electionlawblog.org/?p=119802> December 20, 2020 12:03 pm by  <https://electionlawblog.org/?author=3> Rick Hasen

John Eastman should be ashamed  <https://cdn.donaldjtrump.com/public-files/press_assets/trump-v-boockvar-petition.pdf> of this petition for cert and  <https://cdn.donaldjtrump.com/public-files/press_assets/trump-v-boockvar-motion.pdf> motion to expedite.

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.”

 <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  <https://electionlawblog.org/?cat=12> chicanery,  <https://electionlawblog.org/?cat=44> electoral college,  <https://electionlawblog.org/?cat=8> fraudulent fraud squad,  <https://electionlawblog.org/?cat=29> Supreme Court

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