Constitutional experts: Fraud could put election outcome in state legislators' hands

State legislators have the constitutional authority to overrule a certified vote count in presidential election if they believe it was fraudulent or in error and did not fulfill the will of the people, contend constitutional attorneys William J. Olson and Patrick M. McSweeney.

In their analysis - titled "The constitutional duty of state legislatures in a contested presidential election" - they pose the question of what should happen if there is a "Case-in-chief which demonstrates the presence of rampant fraud - with votes being tabulated at overseas computers, with software designed to elect favored candidates, with stacks of ballots marked only for Biden and no down-ballot races, etc?".

In the instance of a "Prima facie case" of "Substantial computerized election fraud," they wrote, McCarthy "Would have even those state legislators who become fully persuaded that the count was fraudulent to sit back and see the person that their constituents actually elected be de-throned by CNN and National Review."

"No state constitution, state law, or state court can alter or constrain that grant of power," the lawyers wrote, citing Supreme Court precedent.

If it is believed that there was systemic election fraud in Arizona, then allowing the State Certification process to go forward unchecked would make the legislature complicit in the perpetration of a fraud upon the United States and its people.

"The Founders recognized that elections could be corrupted or stolen. They established the Electoral College as a safeguard and empowered state legislatures to ensure the integrity of the election. Lawful voters expect state legislators to do their constitutional duty to ensure that the lawful votes of the people as cast are honored - not diluted or debased by systemic fraud."

"Each state gets one vote, and so 26 states are required to elect a president. Although there are more Democrats than Republicans in the House of Representatives, there are more states with a majority of Republican representatives. Accordingly, if the election were to go to the House, the Republicans would determine the next president."

https://www.wnd.com/2020/11/constitutional-experts-fraud-put-election-outcome-state-legislators-hands/