OK, let’s think about what to do about it if President Trump prevails in court?
I know many of you will reject the premise, but for the sake of examining what is right, assume that in one or more States, the expansion of mail in votes is shown to have been a violation of either the State or Federal Constitution and the results of the election cannot be certified. It then falls to the State legislature to choose the State’s electors. What is the right thing for them to do?
They could simply act in a partisan manner without regard to the votes and it would be lawful, but would it be right? I don’t think so.
But simply validating an unlawful election would be just as wrong.
As I see it, the Votes fall into 4 categories.
- Lawful votes
- Fraudulent votes such as harvested votes from the dead, senile, or non-residents.
- Unlawful votes cast in good faith by voters simply wanting to avoid COVID
- Unlawful votes cast by uninterested legal voters pressured by organizers
I think we can agree that lawful votes should be respected but with fraudulent votes mixed in with the lawful votes, legislators can only guess at how many of those there were, guided by mathematicians, and thus not to be considered in their deliberations.
But the last two categories bother me.
I think the votes of those who cast votes by mail thinking it was legal should be respected by the legislators.
But I also think that the votes of those who would not, under normal, non-COVID circumstances, have bothered to vote and who did so only because an organizer shoved a ballot under their face don’t really deserve consideration. After all, the legislatures did not write the original, lawful codes, to chase down reluctant voters.
With all the lawful and unlawful, good faith and recruited, votes mingled inseparably, there is no way to count the different categories. The legislators can only make good faith estimates of the numbers in each category and vote based on their perception of the will of the engaged voters.