Read on Twitter
Many of you have read the admittedly concerning NYT article discussing how President Trump has now summoned the leaders of the Michigan GOP controlled House and Senate to the White House, and that they have accepted that invitation. Here’s why we shouldn’t freak out. /1
The fear is, somehow the GOP is going to undo the will of the electorate citing alleged but as yet unproven fraud as the reason to appoint their own set of electors for Michigan. This plan, though bold, faces significant and likely fatal hurdles. Let’s walk through some. /2
First, as the attached screenshot of Michigan law shows, the process by which presidential electors are selected was established by statute back in 1954. The legislature does not have some magical power to appoint... /3
... its own electors by some new process unless they affirmatively change this law. The statute makes clear that the electors are selected by a popular vote of the people.
Second, while the U.S. Constitution does say that the manner.../4
Second, while the U.S. Constitution does say that the manner.../4
...by which the electors are selected is reserved to the states, and much has been made of that by Fox News pundits, in this case Michigan DID make that selection, as every other state in the union has. That selection.../5
...is by popular vote. To change this, they would need to pass a new law, and that would require Governor Whitmer’s signature. Not going to happen.
Third, it has been widely reported... /6
Third, it has been widely reported... /6
... that both leaders of the GOP majorities in the House and Senate in Michigan are opposed to the legislature stepping in to overrule the will of the people. They would have to go back completely on that position... /7
... and would face significant political backlash that could mean political suicide for their state parties. Here is link to an article discussing their position: https://www.bridgemi.com/michigan-government/gop-leaders-well-abide-popular-vote-wont-give-michigan-trump
Finally, by law... /8
Finally, by law... /8
...the names of the electors for Michigan will be those that are certified by the Secretary of State (a Democrat), which happens following certification of the election on November 23 by the state board of canvassers. So this process... /9
...isn’t in the hands of the legislature at all. And if any state board canvasser acts in bad faith, the Governor (a Democrat) has the power under the Michigan constitution to remove such member. So if they try to pull a Wayne County.../10
... at the state level, they will run smack into a court challenge (with on-point appellate law that makes clear the commissioners lack discretion to stop the certification) as well as Governor Whitmer.../11
...who can replace them if they fail to perform their duties. I am confident Whitmer is prepared to stand up to such tactics.
I again stress, however, that the true danger here is not that the Michigan legislature will find a way to select its own electors.../12
I again stress, however, that the true danger here is not that the Michigan legislature will find a way to select its own electors.../12
...but that the Trumpers will see this as an invitation to create as much additional chaos at the state and local levels as they can, further destabilizing and delegitimizing the election in the eyes of low information Republicans. And that is no small worry.
