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/
# # # #
CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA