It Is Not Necessary to Prove Fraud to Invalidate Election Results
December 14, 2020 11:04am
The 2020 election was UNCONSTITUTIONAL in Pennsylvania, Michigan, Wisconsin, and Georgia because the constitutionally mandated due process and equal protection clauses were not followed.
We can ignore the fraud. We can ignore the dead people voting. We can ignore the computers switching votes (which I doubt occurred anyway). We can ignore the illegal ballot harvesting. None of that is necessary for the U.S. Supreme Court to throw out the results in those states and let those state legislatures choose their electors as our Constitution allows.
WHAT OUR CONSTITUTION MANDATES IS NOT OPTIONAL. We release murderers and rapists back into society because the police make mistakes that invalidate all the proof of guilt. And now we're going to just ignore our Constitution when it comes to electing one-third of the U.S. Government for the next four years???
That this election was a sham does not require proof of fraud (even though we know it occurred). The election should be invalidated based upon constitutional principles alone. The unconstitutional processes that occurred are not in dispute. Oh, sure, some people say the processes were not unconstitutional, but they don't dispute that the processes happened.
Do the courts think those processes were unconstitutional? We'll never know because they refuse to even hear the arguments. But it is indisputable that unconstitutional election procedures occurred in several states. So, what were the unconstitutional processes that justify tossing results?
The following are all undisputed FACTS that prove the elections in several states were unconstitutional (violating both the plain language of the Constitution and the case law established in Bush v. Gore):
It is an undisputed FACT that Pennsylvania, Michigan, Wisconsin, and Georgia all changed their election procedures by means other than through the legislatures who have the sole plenary power to do so.
It is an undisputed FACT that Pennsylvania, Michigan, Wisconsin, and Georgia all treated vote-by-mail ballots in manners not authorized by either state law, the state's constitution, or both.
It is an undisputed FACT that the validity of vote-by-mail ballots in Pennsylvania, Michigan, Wisconsin, and Georgia were not judged via uniform statewide standards.
It is an undisputed FACT that Pennsylvania accepted late vote-by-mail ballots.
It is an undisputed FACT that election officials in Allegheny County, Pennsylvania counted ballots that lacked legally required information.
It is an undisputed FACT that Pennsylvania's Secretary of State, with the concurrence of the commonwealth's Supreme Court, voided signature requirements for absentee ballots without getting approval from the legislature.
It is an undisputed FACT that Michigan's Secretary of State solicited millions of absentee ballots without the lawful authority to do so AND allowed online ballot requests to be processed without the signature verification required under Michigan law.
It is an undisputed FACT that 70% of absentee ballot poll books in Detroit, Michigan were are out of balance but certified anyway.
It is an undisputed FACT that big city Wisconsin mayors set up unmanned ballot collection boxes despite a state law specifically prohibiting them from doing so.
It is an undisputed FACT that Wisconsin election officials counted ballots that were delivered to their offices by means not permitted under Wisconsin law.
It is an undisputed FACT that Wisconsin election officials counted vote-by-mail ballots that did not contain voter information required by statute.
It is an undisputed FACT that Georgia's Secretary of State and state election board bypassed the legislature to impose new rules that materially altered the rules required by Georgia law.
Those are undisputed FACTS. And while people may argue that those factual occurrences were perfectly constitutional, how could they be??? This is not a matter of interpretation. Either the plain text was followed or it was not. And in this instance, it was not. That makes those elections prima facie unconstitutional.
California and New Jersey also conducted unconstitutional elections. And if someone were to sue about it, the results in those states should also be thrown out.
As for the allegations of fraud? They are numerous. You can read them in the Texas v. Pennsylvania lawsuit at https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/SCOTUSFiling.pdf. It is 154 pages, but it's worth the time it takes to read it because it contains the raw claims unfiltered by the media. Supporting affidavits can be read at https://www.supremecourt.gov/DocketPDF/22/22O155/163048/20201208132827887_TX-v-State-ExpedMot%202020-12-07%20FINAL.pdf
But fraud is more difficult and time-consuming to prove. And it is not necessary to invalidate the elections anyway. That the elections were conducted in violation of the U.S. Constitution, state constitutions, and statutes is sufficient basis to toss the results and allow the legislatures of the affected states to choose electors as permitted by our Constitution.
Anything less is affirmation that a state may violate both its Constitution and the Constitution of the United States with impunity; and that election laws may be violated by officials any time they want with no repercussions whatsoever. And a constitutional republic cannot survive that.
ADDENDUM ADDED ON 12/19/20: I explained the proper constitutional remedy on my radio show this morning. It is available online as a podcast at www.TheMikeBatesShow.com/podcasts/201219