Jason D. Meister, Advisory Board Member of Donald J. Trump for President, Inc, tweeted a couple days ago one possibility for how President Trump remains President of the United States for the next four years.
This information was republished at The Palmieri Report and the tweets were apparently from an Epoch Times article.
The 12th Amendment sets forth a procedure for resolving a disputed election where neither candidate achieves a majority of electoral votes. In that case, a “contingent election” is held by the House: “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote …”
Thus, if Pence were to “open” and read the electoral votes cast by both of the competing slates of electors from the six swing states, and choose “not to count” either set—in light of the conflict—the House of Representatives would immediately vote to determine the winner, with each state getting one vote. Given that a majority of states are GOP-controlled (although the Democrats control a greater number of representatives), Trump would prevail.
Meister tweeted the following:
The 12th Amendment states that the President of the Senate (the Vice President) has the power of counting the electoral college votes this coming week.
2. Pence will be faced with dueling electoral votes for the six disputed swing states, a Biden slate from the governors, and a Trump slate from the lawmakers. The six disputed swing states account for 79 electoral votes. Not counting them, Trump stands at 232 and Biden at 227.
— Jason D. Meister
(@jason_meister) December 31, 2020
As we’ve reported previously there are 79 electoral college votes that are in dispute during this election cycle. Six states with issues have dueling sets of votes – one by the state executive branch and one by the state legislature. (Note that this 79 votes mentioned by Meister does not count the 5 New Mexico votes which also have a dueling set of votes which would make the total 84.) Regardless, when subtracting these states from the total counts, President Trump is ahead. (See Interactive Map results above.)
If the Vice President does not count these state’s votes, since there are two sets and he might refuse to call either, the Constitution has a remedy:
4. The 12th Amendment sets forth a procedure for resolving a disputed election where neither candidate achieves a majority of electoral votes.
— Jason D. Meister
The vote goes to the House with each state having one vote for President:
6. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote …”
— Jason D. Meister
Since the majority of states are Republican controlled, and the states in question have unqualified results coming from their executive branches because of the massive Democrat fraud, the result would be a Trump win!
8. the House of Representatives would immediately vote to determine the winner, with each state getting one vote. Given that a majority of states are GOP-controlled (although the Democrats control a greater number of representatives), Trump would prevail.” — @StephenMeister
— Jason D. Meister
The first step is for the Vice President to not count the votes for states with two sets of ballots. We will soon see how this all unfolds.
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