What happens if the Supreme Court declares the entire election Void and Invalid due to pervasive Fraud?
Editor’s note: Due to the high interest in this important article since Nov. 13th, we have decided to bring it back up top for higher exposure to those who might have missed it.
By Timothy Wulff
The theoretical analysis of the conditions of how the resolution of the current election crisis follows:
Under the condition that the Supreme Court (SC) does declare the entire National election invalid due to pervasive fraud creates one conditional path; that it does not, creates a second. Of course, the condition of such a declaration of invalidity of the entire election is conditional on the fact and nature of the case being heard by this court.
I will only be analyzing this first condition because the second is entirely too various and complex to be able to be subject to speculation, at least at this time.
It is for this very reason that our analysis indicates that the second course will not be a path chosen by the Supreme Court, as well as for other reasons such as the fact that it would most likely be their view that they lack the power for such specific intervention and that it is not their Constitutionally assigned or prescribed function to become an activist entity in this situation by attempting to resolve every state issue.
Again, how the SC responds will have everything to do with the scope and subject matter of the suits and petitions raised before them, but increasingly it looks as though a National Election Fraud suit raised before the Court will likely lead to an Invalidation of the entire Election Process, especially if such a suit specifically requests such a ruling.
To date, reports indicate that thousands of reports and hundreds of affidavits of illegal electoral activity have been submitted in addition to extensive information regarding specifics of computer illegalities and tampering which are alleged to be provable with extensive, specific evidence. Dominion software is one widely discussed issue as it uses Chinese parts, has made financial contributions to the Clintons and is associated with Nancy Pelosi’s Chief of Staff. Dominion elections software is reported to have been used in 37 States.
In addition, other issues have been reported such as the possible ability to absolutely identify original ballots and counterfeit ballots by means of watermarks or other identifiers embedded in the ballots at printing. That this is part of printing protocol is included in DHS documents I have reviewed. Also, two historically reliable sources including Dr. Steve Piecenzik have made public statements in this regard.
Under the condition that the Supreme Court invalidates the entire National Election:
The Constitution clearly assigns authority for the creation and control of National Elections to the State Legislatures as follows: Article I, Section 4: ‘The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such Regulations, except as to the Places of choosing Senators.’
Similarly, the Constitution clearly assigns authority for the Electoral Process of the election of the President and Vice-President as follows: Article II; Section 1: ‘Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and representatives to which the State may be entitled in the congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.’ This section goes on to describe the manner in which the Electors shall meet, vote and submit their votes to Congress.
So, the SC, under the condition that they declare the entire election void due to rampant election fraud, which could be for the whole country based on the voiding of the Election in several states only, would have only one viable option of remedy
Place the issue of whether each individual State will attempt to purify their Election process and hold a second Election, but clarify that according to the Constitution, this election process must be held on a single day and also require that the ‘safe harbor’ date of 12/08 prescribed by law of the Congress be adhered to by each State under penalty of losing their slate of Electors entirely, or, at the option of the State Legislatures, hold the elections void and opt instead to select a slate of electors by the Legislature only and submit that to the Senate as they are empowered to do by the Constitution. (Note that 30 State legislatures are Republican controlled and 19, Democratic)
It may even now be unreasonable to expect that States can introduce legislation which would cure and purify corruption of their elective processes, schedule a new emergency election date and execute it in time to meet the Congressionally mandated ‘safe harbor’ date of submission of the slate of electors.
This would mean that the President and Vice-President would be elected by the Legislatures of the individual States at the direction of the Supreme Court in this condition as that is the structure of authority mandated in the Constitution.
In addition to the above regarding the resolution of the Election of the President and Vice-President, there is the issue of the resolution of the election of Representatives and Senators for the Federal Government and the election of all down-ticket State, County and Municipal Offices as well as Propositions, Bond Issuance, etc. to the States for subsequent purification of elections processes and running of a second election according to the dictates of the individual State Legislatures and subject to the laws of each individual State Constitution. Dates required by Congress for the resolution and submission of Congressional Offices are not known to me, but would necessarily be required to be adhered to.
Given the specificity, strength and simplicity of the wording of the assignations of these powers to the State Legislatures, It is not reasonable to conclude that the SC will do anything other than defer to these entities to which these powers are assigned by the governing document under this condition.
No other possibility conforming to the Constitution may be reasonably discerned to exist.
In the case of invalidation of the Election, power must revert to the State Legislatures, but the law of Congress imposed on Election process must also be adhered to.
Alternatively, if the SC does not declare the National Election Void, then the situation will become impossibly complex and I would not attempt to assess the eventuating circumstances at this time.
The issues raised in suit before the court will have everything to do with the scope and manner of the response of the SC.