Thread by @malinablue

RED ALERT. I need Constitutional scholars to tell me if what Slate is reporting is accurate, because if it is, we must take action now. THIS IS HOW GOP CAN LEGALLY STEAL ELECTION & INSTALL TRUMP & likely why they adamantly refuse vote-by-mail, despite pandemic.

Please read & RT

We’ve all been worried about the possibility of Trump trying to suspend or delay 2020 election. As it turns out, that scenario can’t happen & isn’t what we should be worried about.

Trump cannot cancel or delay election.

Election can be delayed by Congress in emergency (pandemic) but it won't benefit Trump or allow him to stay in power. His & Pence's terms of office expire Jan 20 2021 no matter what. If no election, then 3rd-in-line to presidency w/ term that's not up takes over -President Pelosi

Whew. But it’s not as simple as that. Law expert Mark Joseph Stern & David Daley of FairVote warn GOP can - legally - subvert 2020 election & re-install Trump. It would subvert democracy in worst possible way, but it's constitutionally sound & twice affirmed by SCOTUS.

Stern’s explanation explains why GOP absolutely refuse to allow nationwide vote-by-mail & why we MUST DEMAND IT NOW. According to Stern, US Constitution does not actually mandate citizens must vote for president or that state legislatures have to abide by any vote.

Instead, Constitution gives state legislatures sole discretion in how electors are appointed. They can choose to hold no vote at all or can override vote. How many of us knew that?

Article 2, Section 1 of US Constitution assigns each state legislature power to "appoint, in such Manner as the Legislature thereof may direct" its electors.

This is how it was done in 1st presidential election when 5 states appointed electors directly.

States now award electoral votes according to popular vote in each state, but that’s custom, not a requirement.

SCOTUS confirmed in 1892’s McPherson v. Blacker states are free to revert to old method & in 2000’s Bush v. Gore, court reiterated this point.

Majority declared state legislature “may, if it so chooses, select the electors itself,” & retains authority to “take back the power to appoint electors” even after switching to a statewide vote.

We’ve seen what GOP have done recently w/ "custom." Anything not written into actual law - & some laws, too - have been trashed. GOP appear eager to do away w/ democracy & establish white Christian oligarchy in its place.

If that is GOP's goal - & their win-at-all-costs attempts at gerrymandering & voter suppression suggest it is - this is how they can do it. This is their last, desperate grab at permanent power & I believe they may take it.

“Put simply, it's perfectly constitutional for a state legislature to scrap statewide elections for president & appoint electors itself. It would also be constitutional for a state legislature to disregard winner of statewide vote & assign electors to the loser."

Refusing to hold a vote or overriding vote would no doubt arouse the ire of the nation, which may be why they’ve never tried it before. This pandemic, however, might be perfect “excuse,” even tho they don’t need an excuse.

It’s also perfect time because we're so divided. Remember, this would likely happen in red states w/ GOP legislatures. Blue states would allow citizens to vote.

GOP currently control legislatures in enough states to award Trump 294 electoral votes - 24 more than 270 needed.

If you believe, as I do, GOP is desperate to retain power & will do all it possibly can to keep Trump in office, this is how they do it. No vote manipulation - not even their usual gerrymandering & voter suppression - is needed. They don't even need Russia this time.

GOP could simply say, “Hey, we can’t vote this year….pandemic isn’t a hoax after all. We’ll appoint the electors."

In fact, it would even explain why GOP seem eager for this pandemic to spiral out of control.

GOP can simply choose Trump. No vote. Who thinks they wouldn’t? Who can believe how far & fast democracy has already fallen?

Honestly, it's so overwhelming to learn I hope it's wrong. Why is no one talking about it? Can we get Constitutional scholars & law experts to weigh in?

Here is one of the two articles in Slate laying this out: slate.com/news-and-polit…

And here's the other:
salon.com/2020/03/16/thi…