It Is Sufficient If Only One House of Congress Objects to the Electoral College Vote on January 6, 2021 To Compel The House of Representatives To Vote For The President of The United States

It Is Sufficient If Only One House of Congress Objects to the Electoral College Vote on January 6, 2021 To Compel The House of Representatives To Vote For The President of The United States

Mario Apuzzo, Esq

By: Mario Apuzzo, Esq. | @ puzo1.blogspot.com

(Dec 30th, 2020) — The question is whether both Houses of Congress need to reject a state’s Electoral College vote for an objection made during the joint session of Congress on January 6, 2021 to prevail.  As explained below, both Houses of Congress do not have to agree to reject a state’s Electoral College votes for those votes to be voided. 

There are five scenarios under Section 15 of the Electoral Count Act of 1887(3 U.S.C. § 1 et. seq.) (“ECA”) for counting and resolving Electoral College votes disputes in the joint session of Congress.  Scenarios 1 through 4 deal with cases in which both Houses either agree or disagree to the regularity of the votes.  Scenario 1 is the only case in which Congress receives just one Electoral College return and both Houses must agree to reject the vote.  Scenario 5 is the only one of the five scenarios in which the two Houses disagree, but it only applies when Congress receives competing electoral returns (one state submits to Congress more than one Electoral College vote return).  With such disagreement, it provides that the stalemate between the Houses shall be broken by Congress having to accept the electoral votes which a state’s executive (Governor) shall have certified. Hence, under Section 15, one could argue that Scenario 5, which allows for a case in which both Houses disagree, only applies if Congress receives official competing electoral returns and that if it receives only one such return then the two Houses must under Scenario 1 both agree to reject that vote.  As explained below, Congress in joint session is not shackled by Section 15 because Section 15 is unconstitutional and even if constitutional, it does not apply to a case of a corrupt underlying popular vote. 

Again, there are five scenarios for resolution under Section 15 of the ECA.  Scenarios 1 through 4 deal with cases in which both Houses either agree or disagree to the regularity of the votes.  Scenario 5 provides: 

“(5) 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, under the seal thereof, shall be counted.”

Scenario 1 only deals with cases in which there is only one return of a state’s electoral votes.  It says that the votes must be counted unless both Houses reject the vote. So here we have both Houses agreeing with each other to reject the vote. Implicit is the case in which both Houses agree to accept the vote either with no objection by any Senator or Representative or with voting to accept the electoral votes after an objection. In both cases, the Houses are agreeing with each other.       

Scenario 2 through 5 deal with cases in with there is more than one return of a state’s electoral votes. Scenario 2 is applicable only if there was a “safe harbor” determination by a state’s “judicial or other methods or procedures.” Scenario 3 only applies if there is a dispute as to what state authority is the legal authority to appoint the electors and “the lawful tribunal of such State” decides the matter.  But again, both Houses must agree on that decision. Scenario 4 only applies if there is no “safe harbor” relief as to which of two electoral vote returns are the valid ones.  Again, both Houses must either agree to accept or reject a return. Scenario 5 is the only one of the five scenarios in which the two Houses disagree. With such disagreement, it provides that the stalemate between the Houses shall be broken by Congress having to accept that slate of electors which a state’s executive (Governor) shall have certified.

So, Scenario 1 through 4 of Section 15 of the Electoral Count Act only apply if both Houses of Congress agree, either to accept or reject any state’s electoral votes.  They do not apply if both Houses of Congress disagree with each other.  What applies in that case is Scenario 5.  Scenario 5 is the only one in which the ECA includes the possibility of both Houses disagreeing on how which of the competing electoral returns are to be counted.  But we cannot use Scenario 5 if Congress received only one Electoral College vote return from a state.  Furthermore, the provision purports to resolve the dispute between the Houses through the governor’s certification. Seven contested states, Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin all sent competing electoral returns to Congress. No governor of any of those states has certified the Republican returns.  Hence, Congress can easily just ignore those competing Republican returns and treat each such state as having provided just one electoral return. 

Notwithstanding this statutory structure, in a case in which Congress only received one state’s official electoral return, both Houses of Congress do not have to agree to reject that state’s Electoral College votes for those votes to be voided. First, it is doubtful that Section 15 of the ECA is constitutional.  Simply, Congress cannot substantively amend the Constitution with a statute.  Congress amended Article II, Section 1 with the Twelfth Amendment because it saw the original Constitution as having not provided for a substantive election problem.  If Congress wanted to substantively change the Twelfth Amendment, again for failure of the Constitution to have provided a solution to a certain problem, it had to do so with another amendment as it did through the Twentieth Amendment. Congress cannot just carve out pieces of the Twelfth Amendment and then change them with a statute such as Section 15 of the ECA. The necessary and proper clause of Article I, Section 8, Clause 18 of the Constitution does not apply here to save Section 15. …

… continue reading this constitutional legal analysis by Attorney Apuzzo at: https://puzo1.blogspot.com/2020/12/it-is-sufficient-if-only-one-house-of.html

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Are the Electoral College’s Votes Valid? Part II

Are the Electoral College’s Votes Valid? Part II | by Sharon Rondeau | @ ThePostEmail.com

(Dec. 26, 2020) — Continuing from Part I of our interview with Atty. Mario Apuzzo on the role of Congress in determining who the next president will be, in this section Apuzzo explained that not only can Congress accept or reject the electoral votes cast for presidential and vice-presidential candidates on the basis of their validity under the 12th Amendment and Electoral Count Act (ECA) of 1877, but its members also have the responsibility under the 20th Amendment to ascertain whether or not all candidates qualify for the offices they seek.

On Sunday, in conjunction with the U.S. Allegiance Institute (USAI), Apuzzo released a letter and amicus curiae brief which members of the public can download, sign and send to their members of Congress urging that on January 6, when the two chambers of Congress meet in joint session for the counting of the electoral votes, all candidates be scrutinized for eligibility as well as whether or not the Electoral College vote count was “regularly given,” in accordance with the ECA.

On the night of November 3, Trump was winning in all six “swing” states of Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, only to be declared the loser in all as vote counts continued past November 3 and the media announced Biden the “projected winner” of more than the 270 electoral votes required to win on November 7.

Some in the media had oddly predicted that Trump would appear to be winning on November 3 and claim victory “before all the votes are counted.” For months prior to the election, media outlets speculated, quoting Democrat politicians, that Trump will “refuse to leave office” in the event of a Biden win.

“A large percentage of Americans do not think we had a legitimate election,” the USAI/Apuzzo letter to Congress reads on page 3. “While the immediate seizure of evidence and appointment by a Special Counsel, and a Congressional investigation following the election is necessary, you have enough evidence to now reject the electoral college votes of the offending battleground states, Arizona, Georgia, Michigan, Nevada, Pennsylvania, Wisconsin.”

During the first part of our interview, Apuzzo focused on the ECA, which he explained amended the 12th Amendment, which he in turn pointed out amended Article II of the U.S. Constitution dealing with how the president is elected. All electoral votes must be considered “regularly given” to be accepted by Congress, Apuzzo said, quoting the statute. “If the popular vote is not valid, then those electors didn’t receive votes that were regularly cast. So that’s the key: Congress is not bound by the Electoral Vote Act because it assumes that the votes were regularly cast.”

Article II, Section 1, clauses 1-3 of the “original” Constitution states:

… continue reading part II at: https://www.thepostemail.com/2020/12/26/are-the-electoral-colleges-votes-valid-part-ii/

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Are the Electoral College’s Votes Valid? Part I

Are the Electoral College’s Votes Valid? Part I | by Sharon Rondeau | @ ThePostEmail.com

(Dec. 22, 2020) — On Sunday, the U.S. Allegiance Institute (USAI) posted an eight-page letter urging Congress to file objections to the Electoral College votes to be submitted to Vice President Mike Pence on January 6, 2021, when both congressional chambers meet to count the votes for president and vice president on December 14 at state capitals around the country.

Equally important to consider and debate, the letter states, is the question as to whether or not the candidates “elected” by the members of the Electoral College “qualify” for the offices they seek under the 12th and 20th Amendments.

The 117th Congress will be sworn in on January 3. All “certificates” emanating from the Electoral College are due on December 23 at the offices of the vice president; each secretary of state; the national archivist; and all federal district judges where electoral votes were cast.

“On January 6, 2021, you will be asked to approve the Electoral College votes cast for former Vice President Joe Biden and Senator Kamala Harris and declare the winners of the presidential and vice-presidential election,” the letter begins. “We urge that on that day you count all the constitutionally cast Electoral College votes and object in writing to any which have been cast in violation of the Constitution and federal and state law.”

The USAI encourages all American citizens to send the letter to their U.S. representatives and senators, a point Apuzzo emphasized in an interview with The Post & Email Monday evening.

“The Constitution commands how you are to count all the Electoral College votes,” the letter continues. “You have solid ground on which to stand in making your objection. The first ground is tied to an illegal popular vote occurring in an offending state. The second ground is Senator Kamala Harris not being an Article II ‘natural born Citizen.’”

In 2008, Apuzzo represented CDR Charles F. Kerchner, Jr. (Ret) and three other plaintiffs in a lawsuit naming as defendants Barack Hussein Obama, II, then designated as “President Elect”; Congress and then-Vice President Richard B. Cheney, claiming Obama did not qualify as a “natural born Citizen” as required by Article II, Section 1, clause 5 of the U.S. Constitution to serve as president.

Obama’s claimed father was not a United States citizen when his son, Barack Hussein Obama II, was born, allegedly in Honolulu, HI on August 4, 1961. While Kerchner eventually reached the U.S. Supreme Court, it never received a hearing.

In a 2011 essay on the subject, Apuzzo wrote:

When determining whether a child born in the U.S. is an Article II “natural born Citizen,” the question is not whether the parents of the child are foreign born. Rather, the question is whether they are “citizens of the United States” at the time of the child’s birth in the United States. In Minor v. Happersett, 88 U.S. 162, 167-68 (1875), our U.S. Supreme Court, providing the same definition of a “natural born citizen” as did Emer de Vattel in his The Law of Nations, Section 212 (1758), but without citing Vattel, and not in any way referring to the English common law, stated:

“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens.”

Id., 169 U.S. at 679-80. So as we can see, the Supreme Court told us that a “natural born citizen” is a child born in the country to citizen parents. See also, U.S. v. Wong Kim Ark, 169 U.S. 649, 708 (1898) (distinguished between a “natural born Citizen” and a “citizen of the United States” and cited Vattel and quoted his definition of “natural born Citizen” as did Minor v. Happersett but relied on the English common law to define a born “citizen of the United States” under the 14th Amendment).

Harris was born in Oakland, CA in 1964 to non-citizens Shyamala Gopalan, a citizen of India present in the United States on an extended student visa; and Donald J. Harris, who had also arrived in the U.S. on a student visa from his birth country of Jamaica. At the time of Kamala’s birth, neither parent had resided in the U.S. the required five years to apply for permanent residency or citizenship. … continue reading at: https://www.thepostemail.com/2020/12/22/are-the-electoral-colleges-votes-valid-part-i/

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Wisconsin Supreme Court Rules for Trump re Illegal Votes

(Dec 15, 2020) – BREAKING NEWS: THE WISCONSIN SUPREME COURT JUST GAVE ITS LEGISLATURE COVER TO INVESTIGATE ILLEGAL VOTES

Yesterday, the Wisconsin Supreme Court ruled that the election for presidential electors was illegally handled by Wisconsin Election Officials, and the Court indicated that all votes by persons claiming to be “indefinitely confined”, must be determined on a case by case basis:

“¶40 Accordingly, we conclude that the Respondents’ interpretation of Wisconsin’s election laws is erroneous.  Additionally, we conclude that Emergency Order #12 did not render all Wisconsin electors ‘indefinitely confined,’ thereby obviating the requirement of a valid photo identification to obtain an absentee ballot.”

Continue reading at: https://naturalborncitizen.wordpress.com/2020/12/15/the-wisconsin-supreme-court-just-gave-its-legislature-cover-to-investigate-illegal-votes/

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists