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What happens if there's no president elect on January 20th

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posted on Aug, 26 2020 @ 11:28 PM
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Trump is no punk bitch - either he will be president or he will go down in a blaze of glory and pardon every wrongly convicted person ever before he exits - come the inauguration day there will be a new president or the unchained old president.

Trump is going to spend 4 years evicerating the left to the point people will beg his daughter to run in 2024 - with the collapse of all of our biggest adversaries - China, Iran, North Korea and Russia down a couple of notches it will be US or nothing.




posted on Aug, 26 2020 @ 11:48 PM
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originally posted by: AugustusMasonicus

originally posted by: JBurns
Fear not, the majority of states - not reps - in the house would determine the outcome


Which is my point, Pelosi can contest any election for the House, plug in a Democrat-led committee that finds in favor of the Democrats which the House votes on (which is more than likely to still be Democrat held) and then they represent the state, even if a Republican 'won'. If Trump contest the election the Democrats can retaliate and because they will control the House be in the driver's seat.


Now we're onto a different subject .

No you're wrong so was I when I agreed with you .



Nancy playing congressional hardball actually has a snowballs chance in hell of succeeding.

Lesson to be learned never trust an article from the Washington post. And most importantly don't source it until you've checked its accuracy.

According to "Procedures for contested election cases in the house of representatives".

On the first day of a new house Nancy can't appoint anyone she wants in that seat in order to skew the state majority in her favor.

On the first day of a new congress All members elect are sworn into office. They assume their duties despite the contested election.


Swearing In of Member-Elect Whose Election Is Contested Under the FCEA

Snip

As stated by Parliamentarians to the House of Representatives, Brown and Johnson, “[t]he seating of a Member-elect does not prejudice a contest pending under the Federal Contested Elections Act (FCEA) over final right to the seat.”27
On occasion, the House has asked certain Members-elect to “step aside” or remain seated when the oath of office is given collectively to the other Members-elect.28 If an election contest has been filed, and the Member-elect whose election is being contested is asked to “step aside,” then that Member-elect may, after the other Members-elect have taken the oath of office, merely be administered the oath with no further direction, instruction, or comment by the House.29 In at least one instance, another Member-elect has made a parliamentary inquiry of the Speaker concerning the swearing in of a Member-elect whose election has been contested under the statute, to clarify that the swearing in of such Member-elect is without prejudice to the House’s authority to resolve the election contest, and to finally determine who was “duly elected.”



A member-elect to a new Congress whose proper “credentials” (the formal election certificate from the appropriate state executive authority) have been transmitted to the Clerk of the House is placed by the Clerk on the role of the Representatives-elect.56 A Member-elect is not a Member of Congress, however, until he or she takes the oath of office and is seated by the House. Any single Member-elect, on the first day of the new Congress and before the Members-elect are to be sworn (that is, at the time when the Speaker asks the Members-elect to rise to take the oath of office), may object to the taking of the oath of office by another Member-elect based upon the objecting Member-elect’s own “responsibility as a Member-elect” and/or upon “facts and statements” that the Member-elect “considers reliable.”57 The Member-elect about whom the objection is made is generally then asked to stand aside, step aside, or to remain seated, while the other Members-elect rise to be collectively administered the oath of office.58
Because the possession of proper “credentials” by a Member-elect to the House is considered prima facie evidence of one’s right to the seat, and provides a presumption of the regularity of the returns of that election, the possession of the election certificate generally results in the taking of the oath of office by the Member-elect, even in the face of a challenge by another Member-elect and a request to initially “step aside” while the other Members-elect are sworn.


Challenged not replaced.

There is no mechanism anywhere in the rules of procedure for appointing a representative without resolution of the case.

That's a long way away.

After notice the defendants are given 30 days to answer.


Response of Contestee

Within 30 days after receiving service of a notice of intention to contest, in accordance with the FCEA, the contestee must serve upon the contestant a written answer to the notice of contest admitting or denying the averments contained in the notice.


Then afterwords they have 70 days to obtain depositions while still holding their position.


Taking of Depositions and Reimbursement of Fees
The FCEA allows for the contestant and the contestee to take testimony by deposition of any person for the purpose of discovery and for use as evidence in the contested election proceeding.41 The total time permitted for the taking of testimony is 70 days.


Then there's another 85 days in legal wrangling after that.



The contestant has 45 days, after the time for both parties to take testimony has expired, in which to serve on the contestee his or her printed brief of the facts and authorities relied on for the grounds of the case. The contestee then has 30 days, from the time he or she is served with contestant’s brief, in which to serve on the contestant a brief of the relied upon facts and authorities. After service of contestee’s brief, the contestant has 10 days to serve a reply brief upon the contestee.


185 days all the while the senator elect being challenge maintains his seat.

The 12th amendment gives a constitutional requirement To go into session immediately to select a president.


The 12th Amendment prescribes some contingent election procedures for the President: the President is elected from among the three candidates who received the most electoral votes; each state casts a single vote for President; a majority (26 or more) state votes is required to elect a President; the House must vote “immediately” to the exclusion of all other business, and by secret paper ballot.


" immediately to the exclusion of all other business "

Before anyone says Nancy could you use the Merrick Garland maneuver she can't.

There was no constitutional requirement to move forward with his nomination process. Failure to meet a constitutional requirement would make it judicial .

So in the event there's no clear winner on January 20.

If the make up remains the same in 2020 we're still safe.

Source

Source
edit on 26-8-2020 by Fallingdown because: (no reason given)

edit on 26-8-2020 by Fallingdown because: (no reason given)

edit on 27-8-2020 by Fallingdown because: (no reason given)



posted on Aug, 27 2020 @ 05:58 AM
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originally posted by: Fallingdown
How do you know she's going to be the speaker of the new house ?


Because I helped rig the elections.


What's going to stop every other house representative from challenging their opponents election under your scenario ?


Nothing, it's a flaw in the system.



posted on Aug, 27 2020 @ 06:03 AM
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a reply to: Fallingdown


The 12th Amendment prescribes some contingent election procedures for the President: the President is elected from among the three candidates who received the most electoral votes; each state casts a single vote for President; a majority (26 or more) state votes is required to elect a President; the House must vote “immediately” to the exclusion of all other business, and by secret paper ballot.


That isn't for a contested election, that is for one where no one got the prerequisite electoral votes.



posted on Aug, 27 2020 @ 10:34 AM
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a reply to: AugustusMasonicus

A Contested election at the state level can keep someone from getting the majority of votes .

It could also be something as simple as the governor of a state refusing to certify a vote .

It doesn't matter what the instrument is for not getting enough electoral votes .
edit on 27-8-2020 by Fallingdown because: (no reason given)



posted on Aug, 31 2020 @ 06:08 AM
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originally posted by: Fallingdown
A Contested election at the state level can keep someone from getting the majority of votes .


That's my point and the Speaker of the House can control the process for Congressional House seats.


It could also be something as simple as the governor of a state refusing to certify a vote .

It doesn't matter what the instrument is for not getting enough electoral votes .


And the House is the ultimate arbiter of the process as I said earlier:


Under the U.S. Constitution, each House of Congress has the express authority to be the judge of
the “elections and returns” of its own Members (Article I, Section 5, clause 1). Although initial
challenges and recounts for the House are conducted at the state level, under the state’s authority
to administer federal elections (Article I, Section 4, cl. 1), continuing contests may be presented
to the House
, which, as the final arbiter, may make a conclusive determination of a claim to the
seat.



posted on Aug, 31 2020 @ 10:29 AM
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a reply to: AugustusMasonicus


That's my point and the Speaker of the House can control the process for Congressional House seats.


No that's my point .


And the House is the ultimate arbiter of the process as I said earlier:


That's what I said from the beginning of the OP. During the first two pages we were both under the impression it was the old house. You asked me for proof I gave you plenty and you could not refute it .

You didn't know for sure it was the new house until I admitted I was wrong . And provided links to the amended process . I also supplied the Washington post article that you claimed later was your source .

Our whole problem on this thread is that you won't admit you came in half assed reading the OP .
edit on 31-8-2020 by Fallingdown because: (no reason given)



posted on Aug, 31 2020 @ 10:37 AM
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originally posted by: Fallingdown
Our whole problem on this thread is that you won't admit you came in half assed reading the OP .


Says the guy who was insisting I was talking about 2018 when he knew that I wasn't.



posted on Aug, 31 2020 @ 11:58 AM
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a reply to: AugustusMasonicus

The OP was about 2018 .

Here's your first comment .


That's if Pelosi doesn't challenge the election of House seats. She can create a committee who then awards the seat to a Democrat even if a Republican won and then the House votes on it which means they would then have control of the majority of States.


Did you correct me and say no it's not the old Congress it's the new Congress ?

And here's your second comment .


Pelosi, since she would run the old and new Houses, can table anything she wants until after January 3rd.


She can't table either of your issues before January 3rd.

So not only have you been lying. You're also wrong on both counts .




It is funny how badly it's hurt your ego you just can't let it go .

Don't worry we'll have similar such discussions I enjoy making you squirm .

Ta ta
edit on 31-8-2020 by Fallingdown because: (no reason given)



posted on Sep, 1 2020 @ 05:54 AM
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a reply to: Fallingdown

She would be running both. She can start the contestation process and control that process.

It's all so simple.



posted on Sep, 1 2020 @ 02:38 PM
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Quit.
The.
Bickering.
Now!!


You know who you are.

Do NOT reply to this post!!

edit on Tue Sep 1 2020 by DontTreadOnMe because: (no reason given)



posted on Sep, 2 2020 @ 10:54 AM
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off-topic post removed to prevent thread-drift


 




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