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The Constitution’s role in sorting through electoral confusion

Ryan Williams and Kevin Roberts write for the Federalist about their efforts to “game out” the 2020 election.

There is no shortage of polls or pundits predicting the outcome of the 2020 presidential election. But “outcomes” include more than simply election results. Who is gaming out how America—and the world—will respond? We are.

While national polls suggest an edge for former Vice President Joe Biden, the winner isn’t determined by national polls. It is determined by who wins the Electoral College. Victory is won in the states.

Due to the political stoking of fears of contracting COVID-19, a massive push has been made, mostly by the left, to encourage voting by mail. This significantly alters the calculus on Election Day and completely upends the post-election period.

Most states and local election officials aren’t prepared to process, validate, and count large number of mail-in ballots. In six swing states (totaling 74 Electoral College votes)—Georgia, Iowa, Michigan, Nevada, Pennsylvania, and Wisconsin—no mail-in ballots may be counted before Election Day. …

… For the task, Claremont and TPPF assembled a team of 35 people, and over the course of seven days, these constitutional scholars, along with experts in election law, foreign affairs, law enforcement, and media, decided how they would react to fast-moving events. The operation was coordinated by a retired military officer experienced in running hundreds of wargames.

The Claremont-TPPF effort produced a detailed roadmap of the likely challenges at the state level, how those might be adjudicated in state and federal courts, how domestic unrest and foreign adventurism might intensify, and, in the unlikely event that the Electoral College cannot determine a winner, how a president and vice president could be constitutionally determined. …

… We hope that our work will reassure the American people that our system of government is resilient. It was crafted by the Founders to withstand crises and to emerge through the turmoil with a government of the people, by the people, for the people. …

Mitch Kokai / Senior Political Analyst

Mitch Kokai is senior political analyst for the John Locke Foundation. He joined JLF in December 2005 as director of communications. That followed more than four years as chie...

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