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

[Marty Lederman]

The elector certificates posted on the Archives' website
<https://www.archives.gov/electoral-college/2020> do *not *(at least not
yet) include the "Trump slate" certificates, FWIW.

On Mon, Dec 21, 2020 at 7:20 AM Marty Lederman <
Martin.Lederman at law.georgetown.edu> wrote:

> 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>
>>
>>
>>
>>
>>

-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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