The Application Of Law In Disputed Presidential Elections-By Harsha Sankar(November 2020)

Actually, if the US Supreme Court goes by the US Constitution(which they hardly do), they will opinion that Article II,Section I,Clause II should prevail.

It reads that the state legislatures have the sole authority to choose its electors. According to federal law, the electors have until Monday after the second Wednesday in December of presidential election years is set (3 U.S.C. §7) to choose, on behalf of the state, its choice for President. In 2020, the meeting is on December 14.

There will be no way the House Of Representatives will get involved since only two candidates for President are getting votes by electors in this Presidential elections.

Neither will the Senate since only two VP candidates are getting votes by electors.

The US Constitution never called for a direct popular vote for President. The electors in each state are free to choose the candidate for President as they see fit.

The plurality of electors decide their state's choice of President. Their choice receives all the electoral votes for that specific state.

UNITED STATES v. THROCKMORTON was a USSC case that opinioned and confirmed that fraud vitiates the most solemn of contracts.

Election fraud would have to be proven in federal courts that have jurisdiction over specific congressional districts. The USSC should not decide the question of fraud.

If the federal courts deem a specific election within a specific congressional district to be fraudulent, it would be the responsibility and prerogative of the state legislature to again choose electors again according to its own discretion. The state legislatures would no longer be bound to select its state's electors on Election day.

Instead, it would have to select its electors well before the Monday after the second Wednesday in December so that its electors are able to cast their choice for President by that date.

The commission of fraud in a Presidential election is a crime under federal law. Therefore, federal courts would have jurisdiction of that. Federal courts would also have to decide if mail-in ballots are allowed under federal law. Federal law clearly states that only ballots that have been properly notarized are allowed to be delivered to the polling stations.

The US SC has jurisdiction to decide the issue of whether ballots should be counted after Election day. Since the US Constitution is very clear that the Presidential electors must be appointed on election day itself, it is obvious on how the US SC should provide its opinion.

At the end of the day, if the current President genuinely believes the elections were so inaccurate that its results unfairly called for his/her ouster. that President does not have to step down. Regardless of any court's opinion, if a President refuses to concede, he/she remains President. The "Buck Stops With The President."