Thread by @briancremy

Even “purported” certificates must be signed by Electors that were appointed in the Manner the State Legislatures directed (Art. II, sec. I). Cleary, that didn’t happen. Thus, Pence can & should exclude them before Jan. 6 under the procedures for NON-RECEIPT (3 USC 12 & 13).

All State Legislatures require the appointment of Electors to be based on non-fraudulent elections. Clearly, the evidence of fraud is massive & expanding and therefore such Electors were not appointed in the Manner the State Legislatures directed (as req. by U.S. Constitution).

By Pence excluding the Certificates where the fraud occurred for non-receipt (under 3 USC 12 & 13), Trump wins by a simple “majority of the whole number of Electors”- since Art. 2 & the 12th Amd. of the U.S. Const. actually does not require 270 Electoral Votes- only a “majority.”

This also avoids triggering the House to Choose under the 12th Amd. (if no “majority” exists) & avoids States possibly flipping for a Trump loss or if Pelosi tries to change House rules illegitimately (using Art. 1, Sec 5) to ensure any Vote is not 1 per State or cause mischief.

Likewise, although good to see, using 3 U.S.C. 15 (objections by Senate & 140 House members in writing, for ex., etc.) would likely fail at this point for Trump since both a majority of the House & Senate have to agree to sustain the objection to Certificates by the Governors.

Moreover, using 3 U.S.C. 15 is not proper in this situation (in my opinion) since no conclusive final determination / ascertainment (lawful certification) has occurred (under 3 U.S.C. 5 or 6) since ALL POTENTIAL judicial action has not yet been exhausted.

The proper & more Constitutional & Statutorily consistent remedy is for Pence to exclude the Cert. of Votes & Ascertainment from those States where the fraud occurred for non-receipt (3 U.S.C. 12 & 13), since the Certificates have no legal effect because of the fraud.

Also, Pence should accept any Certificates &/or direction from the State Legislatures appointing Trump Electors & their Votes since Art. 1 of U.S. Const. clearly states, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .“

Either way, the BURDEN would then SHIFT to the Dems to try to get Supreme Court intervention & moreover the BURDEN SHIFTS to them to prove that no fraud occurred. This is the only/safest strategy I see working at this time for a Trump win (in my opinion).