Electoral college rules and governing laws explained , Elector warnings, Faithless electors to US Constitution vs states or parties, Knowingly voting for fraudulent certification
“§ 8. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”...US Election Law
“Electoral College electors owe an allegiance first and foremost to the US Constitution over State and political party dictates.”...Citizen Wells
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln
Electors in Arizona, Georgia, Michigan, Nevada, Pennsylvania, Wisconsin and indeed all states you are being forewarned.
Voting for a candidate as a result of a fraudulent certification is fraud.
Ignorance is no excuse in the eyes of the law.
A review of the current status of the 6 states above will be forthcoming.
An injunction in those states should be filed preventing you from being in jeopardy of committing fraud.
From Citizen Wells December 13, 2020.
“Presidential Election
ELECTORAL COLLEGE QUESTIONS AND ANSWERS
Q: What is the Electoral College?:
A: The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The people of the United States vote for
the electors who then vote for the President. Read more
Q: Frequently asked questions:
Q: Why did the Founding Fathers create the Electoral College?:
A: The Founding Father’s intent
Here is a quote by Alexander Hamilton who, like many of the founding
fathers, was “afraid a tyrant could manipulate public opinion and come
to power.” Hamilton wrote in the Federalist Papers:
“It was equally desirable, that the immediate election should be made
by men most capable of analyzing the qualities adapted to the station,
and acting under circumstances favorable to deliberation, and to a
judicious combination of all the reasons and inducements which were
proper to govern their choice. A small number of persons, selected by
their fellow-citizens from the general mass, will be most likely to
possess the information and discernment requisite to such complicated
investigations. It was also peculiarly desirable to afford as little
opportunity as possible to tumult and disorder. This evil was not least
to be dreaded in the election of a magistrate, who was to have so
important an agency in the administration of the government as the
President of the United States. But the precautions which have been so
happily concerted in the system under consideration, promise an
effectual security against this mischief.”
Q: What are the state laws governing Electors?:
A: List of states and restrictions on Electors
Q: What are so called “Faithless Electors”?:
A: “The Supreme Court has held that the Constitution does not require
that electors be completely free to act as they choose and therefore,
political parties may extract pledges from electors to vote for the
parties’ nominees. Some State laws provide that so-called “faithless
electors” may be subject to fines or may be disqualified for casting
an invalid vote and be replaced by a substitute elector. The Supreme
Court has not specifically ruled on the question of whether pledges
and penalties for failure to vote as pledged may be enforced under
the Constitution. No elector has ever been prosecuted for failing to
vote as pledged.” Read more here
The US Supreme Court Obviously has not given Electors the option to
violate the US Constitution. Therefore, obviously, if the presidential
candidate is qualified, party pledges and state laws are permissable.
Q: What must an Elector be aware of when voting for a presidential candidate?:
A: The following are important considerations when casting a vote. Voting
as instructed by a political party, another person, or a state law in
conflict with the US Constitution or Federal Election Laws is a serious
matter. Those not voting in accordance with higher laws are subject to
prosecution and may be guilty of “High Crimes and Misdemeanors.”
High Crimes and Misdemeanors
UNITED STATES ELECTION LAW
“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):”
“§ 8. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”
ARE ELECTORS REQUIRED TO VOTE ACCORDING TO POPULAR VOTE?
“There is no Constitutional provision or Federal law that requires
electors to vote according to the results of the popular vote in
their States. Some States, however, require electors to cast their
votes according to the popular vote. These pledges fall into two
categories—electors bound by State law and those bound by pledges
to political parties.” (From US National Archives)
SO CALLED “FAITHLESS ELECTORS”
“It turns out there is no federal law that requires an elector to
vote according to their pledge (to their respective party). And so,
more than a few electors have cast their votes without following the
popular vote or their party. These electors are called “faithless
electors.”
In response to these faithless electors’ actions, several states
have created laws to enforce an elector’s pledge to his or her party
vote or the popular vote. Some states even go the extra step to
assess a misdemeanor charge and a fine to such actions. For example,
the state of North Carolina charges a fine of $10,000 to faithless
electors.
It’s important to note, that although these states have created these
laws, a large number of scholars believe that such state-level laws
hold no true bearing and would not survive constitutional challenge.”
Read more here
STATE LAW EXAMPLE: PENNSYLVANIA
Ҥ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat
of government of this Commonwealth, at 12 o’clock noon of the
day which is, or may be, directed by the Congress of the United
States, and shall then and there perform the duties enjoined upon
them by the Constitution and laws of the United States.”
“The mysteries of the Electoral College has enabled Pennsylvania
to play an unusually major role in determining who is President.
In 1796, Thomas Jefferson defeated John Adams in Pennsylvania’s
popular election by only 62 votes, but the Pennsylvania electors
gave Jefferson 14 votes and Adams 1, though Adams did win the
Electoral vote, 71 to 68.” Read more here
ELECTORS HELPED SAVE THE UNION
1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.
Q: What happens after the Electoral College vote?:
A: Electoral College procedures
Q: What is the significance of your vote?:
A: The US Constitution clearly gives the states the power
and duties associated with electing a qualified president.
It is also clear that the states have not performed their
duties to ensure that the Electoral College votes will be
for a Qualified candidate. The Electors have a constitutional
duty to perform that supersedes any party contract or state
law. Each day that passes without verification of eligibility
of any candidate being voted for by Electors, brings us closer
to a constitutional crisis. There are pending court cases before
the US Supreme Court and state courts. Congress will meet in
January to count and certify votes and there will certainly be
challenges in Congress. If Congress or the courts shall fail to
do their duty, a Supreme Court Justice will be faced with a
decision to uphold the Constitution. The crisis will increase
in intensity.”
From Citizen Wells December 17, 2008.
“The ultimate objective of a presidential election to inaugurate a
constitutionally qualified president that as closely as possible
reflects the will of the people.
The states have been given the power and the duty to control presidential
elections by the US Constitution.
The pervasive attitudes of the state officers and election officials is
that they, incorrectly, have no power to qualify presidential candidates
and/or they depend on political parties to vet the candidates.
The political parties have evolved and changed since the creation of the
US Consitution and are given no powers. However, members of the parties,
as US Citizens have an implied duty to uphold the Constitution and party
officers typically have taken oaths as elected officials to uphold the
US Constitution.
Clearly, the intent of the US Constitution and Federal Election Law is
for an eligible candidate to move through this election process to allow
for a constitutionally valid vote by Electors.”
“Even though the manner of Electoral College voting in clearly defined by
the US Constitution and Federal Election Law, some states have included
explicit references to law in their Certificates of Voters that are
signed by Electors and state officers. Below are certificates from 2004.
http://www.archives.gov/federal-register/electoral-college/2004_certificates/
Alabama
“pursuant to the Constitution and the laws of the United States
and this state, certify”
Alaska
“by authority of law vested in us”
Arizona
“by authority of law in us vested”
Arkansas
“as provided by law”
California
“pursuant to the Constitution and the laws of the United States
and the state of california, do hereby certify”
Connecticut
“in pursuance of the Constitution and laws of the United States
and in the manner provided by the laws of the state of Connecticut”
Hawaii
“in pursuance of the Constitution and laws of the United States”
Idaho
“having met agreeably to the provisions of law”
Illinois
“as provided by law”
Indiana
“as required by the Twelfth Amendment to the Constitution of
the United States”
Iowa
“in accordance with law”
Kansas
“agreeably to the provisions of law”
Kentucky
“In accordance with the Twelfth Amendment to the United States
Constitution, and with sections 7-11 of Title III of the
United States Code”
UNITED STATES CODE
TITLE 3 THE PRESIDENT
Manner of voting
§ 8. The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.
US Constitution
Article. II.
Section. 1.
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
Minnesota
“In testimony whereof, and as required by the Twelth Amendment
to the Constitution of the United States we have hereunto set
our hands”
Montana
“agreeable to the provisions of law”
Nevada
“agreeably to the provisions of law”
New Jersey
“proceeded to perform the duties required of us by the Constitution
and laws of the United States.”
North Carolina
“by authority of law in us vested”
Pennsylvania
“agreeably to the provisions of law”
Rhode Island
“in pursuance of law”
South Carolina
“pursuant to the Constitution and laws of the United States and of
this state”
Tennessee
“pursuant to the Constitution and laws of the United States and of
this state”
Utah
“in pursuance of the statutes of the United States and of the statutes
of the State of Utah”
Virginia
“in pursuance of the Constitution and laws of the United States”
Washington
“pursuant to the provisions of federal and state law”
Conclusion
- The US Constitution is clear on presidential eligibility and how
Electoral Colleges Electors are to vote. - Ignorance is no excuse. Everyone involved was forewarned. Voting
party line over law will not be tolerated. - Electors and state officers have signed or will sign Certificates of Voters
for the 2008 Election. As you can see from the above, they will
certify that they are aware of the law and are abiding by the law. - Kentucky gets the award for the most constitutionally clear wording
and should be applauded for doing so. - There are consequences for false attesting.
- One of the consequences is that the votes of many Electors are now
null and void. - Impeachment, recall, firing, criminal charges forthcoming?”
More here:
Citizen WElls 