Congress is responsible for setting the date when the presidential electors gather to vote and for the 2020 presidential election, and that date is Dec. 14, but Trump’s senior legal advisor Jenna Ellis is not concerned about adhering to this date. In an interview with Fox News, she asserted that the only date of critical importance is Jan. 6, when Congress meets to count the electoral votes.
“Even Justice Ginsburg in the election contest in Bush v. Gore recognized that the date of what she called ultimate significance is Jan. 6. That’s the date that Congress actually counts the votes of the delegates… Although we have the safe harbor deadline today (Dec. 8), and we have the meeting of the Electoral College next week on Dec. 14, the ultimate date of significance is Jan. 6,” Ellis said in the program.
In the case of Bush v. Gore (2000), the U.S. Supreme Court majority stopped a recount in Florida. The Florida Supreme Court stated that the Florida Legislature was committed to meeting the safe harbor deadline, which was Dec. 12 that year. However, late Supreme Court Justice Ruth Bader Ginsburg dissented, pointing out that the U.S. code mentions numerous dates regarding the duties of the Electoral College. She concluded that only Jan. 6 had ultimate significance.
In the 2020 election, the “safe harbor” date, when every state is supposed to make their election results official, fell on Dec. 8. That day, Texas filed a lawsuit with the U.S. Supreme Court against four battleground states. The next day, 17 additional states filed a brief with the court, supporting the lawsuit.
According to the Amistad Project, a voter integrity group, the only date of the election process in the U.S. constitution is Jan. 20, when the new president assumes office. Dates like Dec. 8, Dec. 14, and even Jan. 6 are all artificial deadlines derived from a 1948 federal statute. For instance, Congress changed the Jan. 6 date in 1985, 1989, 1997, 2009, and as recently as 2013.
Head of the Amistad Project Phill Kline states that serious doubts have been raised about the results of the election in at least five states. The only way to remedy the situation is for the state legislatures to appoint their own electors. He emphasizes that states have until Jan. 20 to investigate incidents of fraud. State lawmakers must use every minute until Jan. 20 to determine the legitimate winner of the 2020 presidential election.
The Senate will hold a hearing on the 2020 election irregularities on Dec. 16.
“The fact remains that a large percentage of the American public does not view the 2020 election result as legitimate because of apparent irregularities that have not been fully examined. That is not a sustainable state of affairs for our country… The only way to resolve suspicions is with full transparency and public awareness. That will be the goal of the hearing,” said Sen. Ron Johnson, chairman of the Senate Homeland Security and Governmental Affairs Committee.
This will be the first-ever hearing at the federal level that will analyze accusations of election irregularities and fraud. Other hearings have already been held in Georgia, Pennsylvania, and Michigan. Witnesses for the Dec. 16 hearing will include attorneys from Nevada and Wisconsin. Johnson is concerned about reports alleging that people voted twice and that dead people managed to register votes. He blames Democrats for making the entire election appear suspicious.