A Historical, Constitutional, and Legal examination of Electoral College Deadlines and their implications for the 2020 Presidential Election

The Amistad Project of the Thomas More Society

Thomas More Society
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The Amistad Project, an election integrity watchdog, says that the current Electoral College deadlines have “zero constitutional basis” and that they are actually preventing states from fulfilling their legal and ethical obligations to ensure a free and fair election.

The only Electoral College deadline specifically required by the Constitution is noon on January 20, at which point President Trump’s first term officially ends. All other deadlines — the “safe harbor” deadline of December 8, the Electoral College voting on December 14, and even the congressional vote count on January 6 — are dates set by federal law. 1 Moreover, these dates are arbitrary, being based on obsolete and outdated concerns. It is also well established that the U.S. Constitution is the highest law in the land, holding precedence over both state and federal laws. In the event that federal law presents an obstacle to faithfully adhering to constitutional requirements, it is necessary to disregard the statute in favor of the plain meaning of the Constitution.


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