This is the law Trump is banking on to remain president. January 6th is going to be a great day and a day to learn to what may never be seen again in the United States.
Th Electoral College is not a 1 person and 1 man vote so to declare majority votes the winner to all electoral votes and then certify a president. Its exists to stop fraud in the vote system as happened to Trump.
In the House of Representatives, each state has Electoral Votes according to the number of representatives in a state delegation. Let’s say for example South Carolina has 5 representatives. South Carolina has 5 Electoral votes. The vote is by state.
The key to Trump’s initial strategy in the House of Representatives is Republicans hold a majority of most State delegations. If the Electors of the State are Trump supporters then the state must vote for the Republican slate of electors as Republicans vote for Republicans.
What if the House of Representatives votes for Pence as President and Pence earns a majority vote. The votes then transfer to the Senate for a vote where the Republicans have a majority. Pence is the Presiding Officer of the Senate and has ability to cast the final vote. The Pence vote will be voted for Trump by Pence and Trump wins.
The Senate has the ability to reject votes such as from Georgia, Wisconsin, Michigan, North Carolina and Arizona. However those states are Republican States and if the electors are Republicans so chosen and Republicans hold a majority in the state delegations then those Electors will vote Trump and Trump then receives a majority of the total 270 Electoral votes needed to win.
This vote to the 5 swing states can actually occur in the House of Representatives and if a majority is voted for Republicans then the Senate Rubber stamps the electoral votes and Trump wins.
The fallback point if any would exist is this 1887 law on Counting Electoral Votes. Louis Gomert lawsuit to sue Pence based on the 1887 law must be heard by the Supreme Court and where Republicans hold a majority 5 -4 vote. At least 5 -4 to exclude our new enemy Roberts.
Here’s the main argument to the 1887 law.
When all objections so made to any vote or paper from a State
shall have been received and read, the Senate shall thereupon withdraw,
and such objections shall be submitted to the Senate for its decision; and
the Speaker of the House of Representatives shall, in like manner, submit returns. submit such objections to the House of Representatives for its decision; and
no electoral vote or votes from any State which shall have been regularly
given by electors whose appointment has been lawfully certified to according to section three of this act from which but one return has been
received shall be rejected,
but the two Houses concurrently may reject
the vote or votes when they agree that such vote or votes have not been
Conflicting re- so regularly given by electors whose appointment has been so certiturns. fled.
If more than one return or paper purporting to be a return from
a State shall have been received by the President of the Senate, those
votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section two of this act to have been appointed,
if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so
ascertained, as have been appointed to fill such vacancy in the mode
provided by the laws of the State;
but in case there shall arise the question which of two or more of such State authorities determining what
electors have been appointed, as mentioned in section two of this act,
is the lawful tribunal of such State, the votes regularly given of those
electors, and those only, of such State shall be counted whose title as
electors the two Houses, acting separately, shall concurrently decide is
supported by the decision of such State so authorized by its laws; and
in such case of more than one return or paper purporting to be a return
from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be
counted which the two Houses shall concurrently decide were cast by
lawful electors appointed in accordance with the laws of the State,
unless the two Houses, acting separately, shall concurrently decide such
votes not to be the lawful votes of the legally appointed electors of such
But if the two Houses shall disagree in respect of the counting
of such votes, then, and in that case,
the votes of the electors whose
appointment shall have been certified by the Executive of the State,
Announcement under the seal thereof, shall be counted. When the two Houses have
of decision. voted, they shall immediately again meet, and the presiding officer shall
then announce the decision of the questions submitted.
No votes or
papers from any other State shall be acted upon until the objections
previously made to the votes or papers from any State shall have been
finally disposed of.