Electoral College problem ignored

[pat_k]

4. Solved January 6, 2017

On January 6, 2017, Congress has a duty to judge the legitimacy of the electoral votes cast. They have a duty only to certify and count only those electoral votes cast pursuant to a lawfully conducted election, and cast in accord with the laws of the state.

A vote from an elector that violates their pledge to vote for the party nominee that wins the state election, in all likelihood, be deemed unlawfully cast and thrown out. The winner of the majority of the counted votes wins becomes president.

But, who knows? Seems like congress likes to just count every electoral ballot, regardless of how unlawful. Like they did in 2000, when they counted the patently unlawful Florida electors. (When SCOTUS stopped the count, the election was rendered incomplete under Florida law. The congressional duty to judge demanded that the votes that were cast pursuant to that unlawful election be tossed out.)

Many want to get rid of the electoral college. One reason not to is that -- as long as Congress fulfills their duty to judge -- the count in Congress provides a backstop against corrupt state elections. Of course, no fail safe can work if the people responsible don't do what they are supposed to to.