Powell v McCormack, mentioned in the previous post, puts to rest any possibility of indiscriminately denying seats.
When the House assembles at noon on January 3rd, 2021, all 435 members are Representatives-elect. There is no Speaker, no Chairmen, no rules. The House is called to order by the incumbent Clerk of the House, who announces that 435 certificates of election have been received. Each member elect, both by precedent and by Supreme Court ruling, is presumptively entitled to their seat. A quorum call is conducted followed by the election of the Speaker, followed by swearing in of the membership, en masse.
At NO time can either the Clerk, membership at large or Speaker deny a seat to any member-elect bearing a certificate of election.
Just curious is it the DEMs as whinney ass losers that are expoloring the possibility that if they lose the election, they will attempt to have the vote of the people in certain battle ground states thrown out and the electoral college electors appointed by the State Legislature instead of the vote?
Trump may test this. According to sources in the Republican Party at the state and national levels, the Trump campaign is discussing contingency plans to bypass election results and appoint loyal electors in battleground states where Republicans hold the legislative majority. With a justification based on claims of rampant fraud, Trump would ask state legislators to set aside the popular vote and exercise their power to choose a slate of electors directly. The longer Trump succeeds in keeping the vote count in doubt, the more pressure legislators will feel to act before the safe-harbor deadline expires.
To a modern democratic sensibility, discarding the popular vote for partisan gain looks uncomfortably like a coup, whatever license may be found for it in law. Would Republicans find that position disturbing enough to resist? Would they cede the election before resorting to such a ploy? Trump’s base would exact a high price for that betrayal, and by this point party officials would be invested in a narrative of fraud.
The Trump-campaign legal adviser I spoke with told me the push to appoint electors would be framed in terms of protecting the people’s will. Once committed to the position that the overtime count has been rigged, the adviser said, state lawmakers will want to judge for themselves what the voters intended.