2020 Presidential Election, what the law says happens next.

There is a lot of information, misinformation rumor and innuendo right now on voter fraud, office of the president elect on and on. We all knew it was going to be a mess, and it is. Let’s take a step back from the haze, and take our fingers out of our ears as no one is shouting at you here. Let’s just look at some facts.

Below are the specifics of what happens after Election Day. Yes there is a formal legal process. This has been used before (see 2000 election). In most cases the winner is clear and the loser concedes the contest which allows us to forego the Dec 8 deadline. That hasn’t happened yet, and despite all the screaming at Trump, he is within the rules for not conceding yet.

Source: https://www.ncsl.org/research/elections-and-campaigns/the-electoral-college.aspx

  • Nov. 3, 2020: Election Day, when voters in each state will select their presidential electors. The 0presidential candidate, s/he is also casting a vote for the electors already selected by the party of that candidate. If a majority of voters in a state vote for the Republican candidate for president, the Republican slate of electors is elected. If a majority vote for the Democratic candidate, the Democratic slate of electors is chosen.

Above is one of Trump’s arguing points, we have an “election day” and the votes on that day are the only ones that can be counted (that’s the crux of his argument). Now this includes mail in ballots received on or before 11/3. Constitutionally he might have a point but I doubt highly the supreme court is going to impose a federal mandate on states here, normally they allow the states a great deal of latitude on how they handle voting.

  • Dec. 8, 2020: Deadline for Resolving Election Disputes. All state recounts and court contests over presidential election results must be completed by this date. (3 U.S.C. § 5) . For the majority of states the date of certification is the same as for all contests, but in eight states there is a deadline that either directly references 3 USC §5  or uses similar language, requiring that disputes surrounding the selection of presidential electors be resolved in time to meet the “safe harbor” deadline: Indiana, Iowa, New Jersey, North Carolina, Ohio, Tennessee, Texas and Virginia. For detailed information on state post-election processes, please visit this page.

This is exactly what Gore used in 2000 and what Trump is using now. He does have the right to challenge the results if he thinks there is fraud. Of course he has to PROVE there is fraud and not just proclaim it. This is the deadline date, once we get here save for ongoing litigation state votes are certified.

Had Enough of 2020 yet?
  • Dec. 14, 2020Meeting of the Electors. The electors meet in each state and cast their ballots for president and vice president. Each elector votes on his or her own ballot and signs it. The ballots are immediately transmitted to various people: one copy goes to the president of the U.S. Senate (who is also the vice president of the United States); this is the copy that will be officially counted later. Other copies go to the state’s secretary of state, the National Archives and Records Administration, and the presiding judge in the district where the electors meet (this serves as a backup copy that would replace the official copy sent to the president of the Senate if it is lost or destroyed).
  • Dec. 23, 2020: Deadline for Receipt of Ballots. The electors’ ballots from all states must be received by the president of the Senate by this date. There is no penalty for missing this deadline.

Both the points above are essentially the same, but this is when official Electoral ballots are signed by Electors. Generally these follow along the lines of the state mandate, meaning if Biden won NH and got 4 Electoral College votes, all 4 electors for NH would vote for Biden. Now there is no federal law, or constitutional requirement that electors must follow the will of the state vote outcome. There are however STATE penalties if they do not, and generally this never happens but it can. In theory those electors can chose not to vote for Biden and instead vote for Trump or vice versa, or not vote at all.

  • Jan. 6, 2021: Counting of the Electoral Ballots. The U.S. Congress meets in joint session to count the electoral votes.

This is the end of the line, once these are counted by congress and verified by the joint session it becomes legal record. The person with 270+ wins. There is no going back, no more challenges. Now PRIOR to this the Supreme Court can order a delay if it has pending litigation pertaining to the election outcome. It’s highly unlikely but it can happen.

  • Jan. 20, 2021: Inauguration Day.  The president-elect becomes the president of the United States.

Whomever obtained the 270 is sworn in as the next president of the United States. Again this can be delayed if the counting of the Electoral Ballots was delayed. Once the ballots are verified by congress it’s usually 2 weeks after that inauguration happens.

So that is technically what we are looking at. Expect legal challenges to keep happening right until the deadline by Trump.

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Just Vote

It’s over you have to move on.

I know it’s not really over but to be blunt none of us had a chance to begin with. Yes I am talking about the U.S. presidential election. Once again, we had the choice between bad and bad. I don’t care what your personal political opinion is, or what party you subscribe too. Both of the main parties in the U.S. have been disasters for years, in my opinion.

I won’t be consumed though, I am going to move on and so should you.

It’s in the interest of the media and politicians to keep you fully engaged, angry and in the thick of crisis. It keeps you clicking, it keeps you watching, and it keeps you in their narratives, in their realm. Yesterday we all had our opportunity to be heard, regardless of where you fall politically, you got the chance to have your say.

The Sun will come out again.

Regardless of what happens you have to move forward and make your world, and the world around you a better place. Continue to work on your mental health. Continue to support your local businesses, continue to help people in need, and continue to help build strong and vibrant children in your community. That’s how things improve, not some national election where the same people DECADE AFTER DECADE fight it out.

It starts with you and your impact on your local surroundings. The fight nationally will rage on, but you have to let it go. If you don’t you will be consumed by it and there is little more you can do to affect change. Sure you can donate your money, protest, give your time but how does that really improve the world, or you?

Move on from the national screaming match, invest your time into your local issues. Transfer your passions to your town or your city. Want to make impactful change to you and the people around you? Think locally and over time the world will change.

The Presidential election is over, you have to move on.

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Just Vote

Political season = Anxiety

This falls under the “other musings” category. The Presidential election is barreling toward us, it’s a blood sport and its ugly. This is one of the realities of living in the U.S. that you simply can’t escape. TV ads, radio ads, internet ads, nonstop news coverage. It’s a cesspool of negativity and it doesn’t matter where you fall on the political spectrum no one gets out alive. We are more divided then ever, there is vitriol on all sides and it can create a lot of anxiety for people already pre-disposed to the condition.

We walk on egg shells now, who is going to be offended next? Two quick examples then a summary:

  • I saw on someone’s blog they said, “It’s a good thing Trump went to North Korea, its better than missile tests” This person received several harsh comments. “You’re praising a racist?” was one of them. The point here is the blogger had an opinion, which seemed innocuous. Yes, meeting Kim is better than missile tests.
  • I saw on another blog “Mayor Peter looked really presidential, I think he would be a good president”. Again, an innocuous statement. This person didn’t get as many harsh comments, but she did get enough. One of them was “Ya he would be great, what are we going to do fly the rainbow flag now instead of the stars and stripes?”

The point is, no matter how you feel about politics someone is going to disagree with you. In 2019 they are emboldened to tell you about how they feel about how you feel (ugh). Not only that but in some cases the toxicity reaches monumental levels. Don’t follow the mob, just because someone says “this person isn’t good” doesn’t mean its true. Trust your instinct and support who you want. If you are being harassed online because of a political position you hold, or something you said in a comment put the person on ignore.

It’s important we all vote, and its okay to like who you like. It’s also okay to have disagreements with people but don’t let other people trigger your anxiety over politics. Some thrive on it, you do you, and remember it’s okay to believe what you believe. Its one of the greatest benefits of living in the United States and in a Western Democracy, freedom.

If Politics is something you are interested in I produce videos on you tube where I discuss current U.S. political issues. (link on the top of my page). As I said in my second half preview for this blog ” I will not do in depth politics. I’m not going to avoid it completely, but I’m not going to get into candidates, political parties etc. While I think there is a lot of content that can be created via anxiety induced from politics, I don’t want to go in-depth. Most of those posts will be generic.” That is still the case, this post is the type of political post you will see on this blog. Please let me know if this blog stray’s from that, I would appreciate it. My videos go deeper into issues, calmly with an open mind.

Also, I have both my Blog posts and Videos on Minds.com should you want to consume both in one spot. All of my content, present and the future is considered a “safe space” all comments are allowed, toxicity isnt. You will always be able to comment freely and know that I monitor what is being said on all my platforms. Thanks again for all your support.