By Patrick Colbeck

Lawsuit after lawsuit has been filed in our court systems in an attempt to ensure the integrity of our 2020 election, but is there a role for legislators to play? In short, yes. In fact, it is a critical role and it is their constitutional responsibility to fulfil this role.

What is this role?

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 Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

Article II of the United States Constitution

It is the sole responsibility of the state legislatures to appoint electors. This provision of the U.S. Constitution, to which all legislators swore an oath to defend and support, entitles them to right any wrongs in a fraudulent election independent of the court system and independent of their Governor. Any state statutes specific to the appointment of electors are subordinate to the authority granted them under the U.S. Constitution due to the Supremacy Clause.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Article VI of the United States Constitution

Under normal circumstances, the legislature would have no reason to assert such a need to circumvent state statute in favor of their Article II authority, but state statute is not a suicide pact. In the face of significant fraud, it is incumbent upon the legislature to act.

The steps which can be taken by the legislature are outlined in the diagram below:

Decertification of the election results is the first priority. There is significant evidence of election fraud in the 2020 Election (MI Senate Testimony, MI House Testimony, AZ Legislature Testimony). Certifications of state elections to date have not addressed such fraud as state boards of canvassers are not courts of law. Furthermore, many of the incidents of election process subversion were not allowed to be documented in poll books as required by law. Boards of canvassers could have used these instances of process subversion as justification not to certify the election, but, since Democrat poll inspectors would not allow poll challenger concerns to be entered into the poll books, they were not able to make that argument.

In order to decertify the state elections, each legislature in battleground states featuring significant evidence of election fraud can pass a joint resolution to that effect. Once the election results are decertified, the electoral votes cannot be sent to the Electoral Collage. If there are an insufficient number of electors to reach 270 electoral votes, the determination of the next President and Vice President defaults to the U.S. House of Representatives under the provisions of the 12th Amendment.

and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote;

12th Amendment to the United States Constitution

Decertification is not the only role that can be played by our legislators. They can also request a statewide forensic audit of the election. Why forensic? A forensic audit will examine the complete chain of custody. Furthermore, the scope of so-called “Risk Limited Audits” promoted by some is determined by many of the same tools (e.g. Dominion Voting Systems) which may have been responsible for election fraud.

Once a statewide forensic audit has been completed, the audit findings can be used to determine if there is sufficient cause to assign the electors to one of the presidential candidates or not. Furthermore, the results can be used to determine if a statewide re-vote is necessary for all candidates down ballot from the Presidential race.

The bottom line is that our legislators have a significant role in preserving the integrity of our elections. What remains to be seen is whether or not they have enough respect for their oaths of office to take action.

NOTE: Recounts are not an effective option when significant election fraud is evident upstream of ballots in the election chain of custody. See more information on this topic in my post on Chain of Custody.

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Anna
Anna
1 month ago

What would happen if every election, the legislature would decertify the election? Would an option for the people be to sue the legislature and go to the MI Supreme Court? Even this time, that could be done, perhaps? And then the Supreme Court would decide whether there was sufficient reason to decertify?

Mark
Mark
1 month ago

Does our Michigan legislature representatives have enough courage to stand and deliver; after seeing and paying attention to what is happening and has been happening ?

Stacy VanOast
Stacy VanOast
1 month ago
Reply to  Mark

Nope.

Elizabeth
Elizabeth
1 month ago

We need to do this! Election tampering, even ONE instance is against the law. How can they deny the mountain of evidence! I saw all the hearings and what stood out in Michigan was bullying by democrats to the extreme. Along with the evidence, this should not be allowed to continue. There need to be corrections, and arrests made! Thanks for fighting so hard for us, Patrick!

Susan Bennett
1 month ago

Could your team please formulate a letter to be sent to our legislature along with a link to easily send it to all of them at once? This mechanism could then be reused to enable people to quickly share their input with the Michigan House and Senate.

Stacy VanOast
Stacy VanOast
1 month ago

So grateful to Senator Colbeck for taking this so seriously. The Senate committee did a decent job of hearing evidence; the House hearing was an embarrassment. They acted like they were doing us a favor just by listening, and not even politely. This is very helpful! After speaking to my Rep though, I get the sense that our representatives just don’t have the will or the courage to do anything. I mean, they have let the governor and AG run all over us with unconstitutional pandemic orders for 8+ months, why would they suddenly get courage to uphold the election laws that their body has written? They did seem bewildered and at a loss for how to proceed, so now they really don’t have any excuses! It is spelled right out for them! Order the full forensic audit (immediately!) and Stop the Steal! Thank you, Mr. Colbeck. Let’s fix stuff! Now!!

Shannon
Shannon
1 month ago

Hi Let’s Fix Stuff readers, I’ve been sharing these important articles Patrick has written at Sharl Attkisson’s website. She’s the only nationally recognized journalist I know of who is following the election malfeasance that’s been taking place around the country. You can follow MI and other states there (and you’ll see my comment pointing out this article in her comment section):
https://sharylattkisson.com/2020/11/what-youve-been-asking-for-a-fairly-complete-list-of-some-of-the-most-significant-claims-of-2020-election-miscounts-errors-or-fraud/#comment-78976

I highly recommend her work. She has just written a very honest book, Slanted, from an insider’s perspective, on how mainstream news has devolved into nothing but propaganda for special interests.

I wanted to remind people that in all likelihood the 2004 election was also stolen, again using electronic voting machines. The documentary Hacking Democracy explores this,
and in 2005 a prestigious group of statisticians at various American Universities examined the exit polls from 2004 and determined that the odds that they were wrong (ie, that Kerry actually lost) were 1 in 16.5 million. (on page 30 of the report)
Here’s the statisticians’ report,
https://www.electionmathematics.org/em-exitpolls/Exit_Polls_2004_Edison-Mitofsky.pdf

The larger issue, which the country MUST address, is use of these voting machines.

Louis Avallone
Louis Avallone
1 month ago

Mr. Colbeck,
I sent a few emails to you regarding an analysis I put together that may show affadavits used to refute affadavits you and others had submitted may not be trustworthy, based on my novice review of statutes and election training materials. It might be timely given the upcoming mi senate review. I just want to make sure it is info you are aware of. I apologize if it is something that has already been either recognized or proven incorrect.

God Bless Michigan
God Bless America
Sincerely,
Lou

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