2020 election: Could the electoral college switch for Trump?

Donald Trump Jr. shared conservative radio host Mark Levin's tweet that declared state legislatures have the final say in picking electors to the Electoral College.

It's an idea also floated in another tweet. Conservative activist Tom Fitton tweeted that state legislatures in states like Wisconsin should appoint their own electors.

The Constitution outlines the legislature's role in picking members of the Electoral College. "Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representative to which the state may be entitled in Congress."

The Wisconsin legislature, through state law, has directed how the state's ten electors for the Electoral College are chosen— and the legislature is not part of it.

There are ten Trump electors and ten Biden electors picked in October and only one group will get to vote in December.

It all depends on the popular vote winner, as certified by the Wisconsin Elections Commission on December 1. 

If the Wisconsin Elections Commission certifies Joe Biden as the winner of Wisconsin, then his ten electors, including Governor Evers and Khary Penebaker, get to cast the state's electoral votes for Joe Biden.

"Joe Biden is someone who I know understands what pain is like, understands with empathy and compassion are like," Penebaker said. "And honestly, I am not kidding, I am anxious to get to boring. To get to just normal stuff. I don’t want to hear about more controversy, more tweets and nonsense." 

But Republicans say the election isn't over yet

"I think it’s very exciting and I’m looking forward to it, and hopefully things might change so I’ll be a successful elector," said Republican Bob Spindell, an elector for President Donald Trump and a member of the Wisconsin Elections Commission.

In the unofficial results, however, President Donald Trump is behind Joe Biden by 20,000 votes.

"Don’t forget that Gore/Bush, it was about 37 days before Vice President Gore congratulated the then-to-be-President Bush," Spindell said, "and let’s go through all of these various recounts and things along that line."

The president can't ask for that recount in Wisconsin, as promised by the campaign, until all the counties send their certified results to the Wisconsin Elections Commission.

"Who knows what Robin Vos is going to do," Penebaker said. "They are gong to try whatever trickery they want, but the people or Wisconsin have spoken. The people of the country have spoken."

Wisconsin Assembly Speaker Robin Vos has tasked a commitee to investigate the administration of the 2020 election. Without citing evidence, he wrote, "With concerns surfacing about mail-in ballot dumps and voter fraud, Wisconsin citizens deserve to know their vote counted. There should be no question as to whether the vote was fair and legitimate, and there must be absolute certainty that the impending recount finds any and all irregularities."

The Assembly Committee on Campaigns and Elections hasn't laid out a schedule for meetings, but they only have a few weeks before the December first election certification. Committee Vice-Chair Joe Sanfelippo (R-New Berlin) tells FOX6 a decision on electors must come after an investigation and audit. 

“If we decide that the illegalities that occurred did affect the outcome of the election, at a minimum, we need to strongly encourage the electors to vote to rectify this injustice. And it could involve replacing electors," he said.

Congress could also play a role in choosing between a state's Trump electors or Biden electors. Conservative Fitton tweeted, "State legislatures in PA, GA, MI, AZ and WI could decide to exercise independent judgement in appointing electors. This could lead to Congress having to decide between two different slates of electors." 

Right now, it's an unofficial win for Biden.

"There are millions of young girls of color who now can think that they too can be the safe choice," he said. "This is behind monumental, we went from being 3/5 a person to being the president and vice president. This is huge for us as people of color."


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