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What You Need to Know About the Electoral Process and What Happens Between Now and Inauguration Day

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  • Despite the numerous attempts by President Trump and his allies to undermine the outcome of the election, there is almost no chance he will still be in office after Jan. 20, 2021.
  • While there are still a number of things that need to happen before Inauguration Day, there are two general ways that Trump could try to steal the election, though both are highly unlikely.
  • The first is convincing the Republican-held legislatures in states that voted for Biden to claim the votes were incorrect, and send electors to the Electoral College who will vote for Trump.
  • The second scenario would be for electors who pledged to Biden to vote for Trump instead. While this is something that happens, it has never changed the outcome of an election.

The Long Path Ahead

Former Vice President Joe Biden has been declared the winner of the election, but for many, it still feels like there is a lot up in the air. 

President Donald Trump has refused to concede, and many in his administration are acting as though he’s been re-elected and will still be in office after the inauguration on Jan. 20. That’s also on top of the numerous lawsuits Trump has filed and the fact that he and his allies keep claiming, without evidence, there has been massive election fraud.

While there is still a lot that needs to happen between now and Inauguration Day, and the president’s undemocratic tactics are enough to make anyone uncertain, there is one thing that needs to be made very clear: it is extremely unlikely that he will be able to overturn the will of the people.

Let’s take a look at what will take place between now and the inauguration, and how the actions the president has taken fit into that timeline. 

Certifying Election Results

The very first thing that needs to happen is that states must certify their election results. The exact method for doing this varies from state to state, but the general way it works is that whichever local election officials are responsible for election administration first must count all the ballots, double-check totals, and make sure every valid vote has been included in those numbers.

Once that’s all one, those officials report their final totals to the state, and then the head election official — usually the secretary of state — compiles all the results from the local officials and gives them to the governor.

Notably, each state has its own deadline for this process, and some have already completed it, which makes sense because as you can imagine, this takes a lot longer in more populous places.

Then, once a state’s governor has all the totals from every county and municipality, they have to send them to Congress for what is known as a “certificate of ascertainment,” which lists the certified number of votes cast for each candidate as well as the names of the state’s electors.

As for the deadline for those certificates of ascertainment, they just need to be given to Congress before the Electoral College convenes on Dec. 14.

Safe Harbor Deadline

There is, however, a big incentive for states to give Congress those finalized counts before what is known as the safe harbor deadline on Dec. 8. This deadline is incredibly significant because it is the date by which all legal challenges and recounts must be settled and electors must be solidified by states.

For some context here, electors are the people who cast votes in the Electoral College. The number of electors in each state is equal to the number of electoral votes that state has. For example, Arizona has 11 electoral votes, and thus, 11 electors.

While the way electors are selected is different in each state. Generally, each party chooses a slate of electors at their state conventions or by a vote of a party’s central committee. 

When the voters in a given state cast their ballots for president, the party of whichever candidate wins the popular vote gets to designate electors who will go to Electoral College in December and vote for the person who won their state.

That’s why you often hear the phrase “winner-take-all” when it comes to the Electoral College. In all states, except Maine and Nebraska, whoever wins the most votes in a state gets all its electors.

However, if there are unresolved disputes over election results because of lawsuits, recounts, or other issues with certifying final counts and electors, then this whole process becomes a lot stickier. This is where hypothetical situations for how Trump could steal the election come into play.

There are two overarching ways that this could happen, though again, both are very unlikely.

Scenario 1: State Legislatures and Electors

The first scenario involves getting Republican-controlled legislatures in states that gave the popular vote to Biden to overrule that mandate. 

They can do this by claiming that the results are invalid and then invoking their constitutional right to step in and choose a slate of electors they believe more accurately reflects the election results of their state.

This would result in the legislature sending pro-Trump electors to the Electoral College to cast the state’s official vote for the candidate the voters of that state explicitly did not choose. Notably, the idea has floated by several conservative commentators, pro-Trump legislators, and, according to reports, even Trump himself privately among aides.

To be clear, what these people are proposing would be a full-blown attempt to steal the election and defying the will of voters by ignoring election results. As a result, any state legislature that would even consider doing that would face massive legal and practical hurdles.

Without getting too deep nitty-gritty of all of this, because the legal situation here is incredibly complex state to state, all you need to know is that Trump would have to get multiple Republican-held legislatures on board to do this in multiple key states in order to change the outcome of the election.

Currently, the president has only won 232 electoral votes to Biden’s 306, meaning he would have to get the legislatures in Michigan, Wisconsin, Pennsylvania, Arizona, and Georgia to all do this. Even then he would still be short one electoral vote.

So that is almost impossible in itself, and beyond that, even if Trump did get all those Republican legislatures on board, all of those states except Georgia have Democratic governors or secretaries of state that would not go along with that plot to steal their elections.

Even Georgia’s Republican secretary of state has pushed back against attempts from the right to undermine the election results and said outright there was no fraud.

Now notably, there is also a possibility — though also a far fetched one — that a state sends conflicting elector slates. This scenario would happen if the governor of a state that voted for Biden certified a Democratic elector slate, but then the state’s legislature appointed a competing pro-Trump elector slate that withstood legal challenges.

In that case, there would effectively be two slates, and Congress would have to decide which one to count. If the House and the Senate disagree, the governor’s slate would be the one counted.

Scenario 2: Faithless Electors 

The second possible way Trump could steal the election, which is even more of a longshot, centers around the concept of “faithless electors.”

Under the current political system, when a state’s party selects its electors, those electors pledge to vote faithfully to their party. Right now, more than 30 states and Washington, D.C. have laws that require electors to vote for their party’s winning candidate, and roughly 20 states also have laws that cancel the vote of faithless electors or penalize them for going against their pledge.

But in the states that do not have these regulations, an elector could technically cast one of their state’s full electoral votes for the candidate that did not win it. While this is something that does happen — there were seven faithless electors in 2016 — they have never changed the outcome of an election.

In the case with the state legislature’s electors scenario, experts say that given the wide margin of electoral votes Biden has over Trump, it is essentially impossible Trump could get enough faithless electors to sway the election.

Once the electors have cast their votes on Dec. 14, the newly-elected Congress will formally count and certify the votes on Jan. 6. This process is largely symbolic but members still are allowed to object to the vote counts from any state.

If one House member and one Senate member each give written objections, those votes will be debated and then voted on by each chamber, though both have to reject a state’s votes in order for them to be invalidated.

Again, highly unlikely, and in order for the date of the inauguration to be moved, it would require a lot of Constitutional heavy-lifting. So with all that said, it seems almost certain Joe Biden will be inaugurated on Jan. 20, 2021, and Donald Trump will no longer be president.

See what others are saying: (The New Times) (TIME) (The Associated Press)

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Trump Mocks Florida Gov. “Ron DeSanctimonious” Ahead of Possible 2024 Bid

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The former president may announce a bid to take back the White House on Nov. 14, according to his inner circle.


Trump Concocts His Latest Nickname

From “Little Marco” and “Lyin’ Ted” to “Sleepy Joe” and “Crazy Bernie,” former president Donald Trump’s nicknames for his political opponents have been known for their punchy style, but Republicans found it hard to swallow his latest mouthful for Florida Governor Ron DeSantis.

“We’re winning big, big, big in the Republican Party for the nomination like nobody’s ever seen before,” he said Saturday at a rally in Pennsylvania. “Trump at 71, Ron DeSanctimonious at 10%.”

The former president drew rebuke from some allies and conservative commentators for driving a wedge through the GOP three days before the midterm elections.

“DeSantis is an extremely effective conservative governor who has had real policy wins and real cultural wins,” tweeted The Daily Wire’s Matt Walsh. “Trump isn’t going to be able to take this one down with a dumb nickname. He better have more than that up his sleeve.”

“What an idiot,” wrote Rod Dreher, a senior editor at The American Conservative. “DeSantis is a far more effective leader of the Right than Trump was, if, that is, you expect a leader to get a lot done, rather than just talking about it and owning the libs.”

In April 2021, Trump said he would “certainly” consider making DeSantis his running mate for a potential 2024 presidential bid. But as DeSantis established himself as a credible rival to Trump, their relationship grew colder.

Last September, sources told The Washington Post that Trump had called DeSantis “ungrateful” in conversations with advisors. The former president reportedly had not spoken with the governor in months.

The Party of Trump or DeSantis?

One day after his “DeSanctimonious” jab, Trump took to the stage in Florida to support Sen. Marco Rubio’s (R) reelection campaign but grabbed more attention when he seemed to endorse DeSantis for governor.

“The people of Florida are going to reelect the wonderful, the great friend of mine, Marco Rubio to the United States Senate, and you’re going to reelect Ron DeSantis as your governor of your state,” he said to the cheering crowd.

The brief moment of support was overshadowed, however, by the conspicuous absence of DeSantis himself.

Both men held competing, contemporaneous rallies in the same state hundreds of miles apart, and multiple sources told Politico that DeSantis was not invited to Trump’s event, nor did he ask to attend.

The governor has repeatedly refused to say whether he will make a run for the presidency in 2024, but national polling consistently puts Trump ahead of him among Republicans by a wide margin.

Some recent polls, however, have shown DeSantis to lead the former president in specific states like Florida and New Hampshire.

A survey last month found that 72% of GOP voters believe DeSantis should have a great or good deal of influence in the future direction of the party, while just 64% said the same about Trump.

Sources told Axios that Trump’s inner circle is discussing a Nov. 14 announcement for his presidential campaign, timing it to capitalize on the expected post-midterm euphoria as vote counts roll in.

See what others are saying: (The New York Times) (Fox News) (Politico)

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The Midterms Are Tomorrow, But We May Not Have Results for a While. Here’s What You Need to Know

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The counting of mail-in ballots and possible legal challenges will almost certainly slow the final results.


Election Delays Expected

As Americans gear up for Election Day on Nov. 8, experts are warning that many races, including some of the most highly anticipated ones, may not have the final results in for days or even weeks.

These delays are completely normal and do not indicate that election fraud or issues with vote counting took place. However, like in 2020, former President Donald Trump and other election-denying Republicans could seize on the slow-coming returns to promote false claims to that effect.

There are a number of very legitimate reasons why it could take some time before the final results are solidified.  Each state has different rules for carrying out the election process, like when polls close and when ballots can start being counted.

There are also varying rules for when mail-in ballots can be received and counted that can extend when those votes will be tallied. That lag could seriously skew early results in many places because there has been a major rise in the number of people voting by mail.

Red Mirage, Blue Mirage

One very important thing to note is that the early returns seen on election night may not be representative of the final outcomes. 

In 2020, there was a lot of talk about a “red mirage,” which is when ballots cast on election day and favoring Republicans are reported first while mail-in ballots used more by Democrats are counted later, creating the appearance that Republicans have a much wider lead.

That phenomenon may very well take place in several key battlegrounds that not only could decide the House and the Senate but also have incredibly consequential state-wide elections of their own.

For example, in Pennsylvania and Wisconsin, election officials cannot start counting mail-in and absentee ballots until Election Day. 

Some experts have also speculated that a similar occurrence could occur in Georiga because the suburbs — which have shifted blue in recent years — report their results later than rural counties.

At the same time, there are also some states where the opposite might happen: a blue mirage that makes it seem like Democrats are doing better than they actually are.

Such a scenario is possible in Arizona, where election officials can process mail-in ballots as soon as they receive them, and where a similar trend played out in 2020.

Other Possible Slow-Downs

Beyond all that, there are a number of other factors that could delay when results are finalized.

For example, in Georgia, candidates need to get at least 50% of the vote to win, and if none do, then the top two are sent to a run-off election on Dec. 6. That is a very real possibility for the state’s closely-watched Senate race because there is a libertarian on the ballot who could siphon enough votes from Republican Herschel Walker and Democratic Sen. Raphael Warnock to keep them both below the 50% threshold. 

In other words: if control of the Senate comes down to Georgia again — as it did in 2020 and which is a very real possibility — voters may not know the outcome until a month after the election.

Meanwhile, experts also say that legal battles over mail-in ballots could further delay results, or even go to the Supreme Court. According to The New York Times, before Election Day, over 100 lawsuits had already been filed.

In Pennsylvania, for example, the State Supreme Court ruled last week in favor of a lawsuit from Republican groups requesting that mail-in ballots that did not have dates on outer envelopes be invalidated, causing thousands of ballots to be set aside. Multiple rights groups are now suing to get that decision reversed. 

See what others are saying: (NPR) (ABC News) (Reuters)

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DHS Confirms Paul Pelosi Attacker is a Canadian National in the U.S. Illegally

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The suspect espoused many political conspiracy theories promoted by the American far-right and told investigators he wished to harm House Speaker Nancy Pelosi to send a message to other U.S. politicians.


Pelosi Attacker’s Immigration Issues

The man accused of attacking Paul Pelosi and trying to kidnap House Speaker Nancy Pelosi (D-Ca.) is a Canadian national currently residing in the United States illegally, according to a statement from the Department of Homeland Security (DHS) late Wednesday.

Law enforcement officials say the suspect embraced far-right conspiracies about U.S. politicians and told investigators he wanted to break the House Speaker’s kneecaps as a lesson to other members of Congress. 

Despite his lack of citizenship, the man also allegedly told police he was on a “suicide mission” and had a list of state and federal lawmakers he wanted to target.

In its statement to the media, DHS said that Immigration and Customs Enforcement (ICE) had lodged a “detainer” on the suspect, which is a notice the agency intends to take custody of an individual who could be deported and requests it be notified before that person is released. The detainer, however, likely will not impact the case against him, because deportations are civil proceedings that happen after criminal cases are resolved.

According to several reports, federal records indicate the suspect came to the U.S. legally via Mexico in March 2008. Canadians who travel to America for business or pleasure are usually able to stay in the country for six months without a visa. DHS told The Washington Post the Canadian citizen was admitted as a “temporary visitor” traveling for pleasure.

Before the confirmation from DHS, there was some mixed reporting on how long the suspected attacker has been in America. On Monday, an anonymous U.S. official told the Associated Press the man had legally entered in 2000 but stayed way after his visa expired.

One day later, The New York Times reported he was registered to vote in San Francisco County from 2002 to 2009, and even voted once in 2002. 

Heightened Security Concerns

The new revelation comes as lawmakers are facing increased threats, prompting conversations about safety and security with a specific focus on the role of the U.S. Capitol Police (USCP).

On Tuesday, multiple outlets reported that USCP security cameras trained on the Pelosi’s house actually captured the attack, but no one was watching. In a statement Wednesday, the agency said its command center has access to around 1,800 cameras and not all are watched constantly.

The Capitol Police also said that the Pelosi’s home is “actively” monitored “around the clock” when the Speaker is there, but not when she is in Washington.

As a result, many argued that there should be more security and surveillance for the second person in line for the presidency — especially given the threat of violence after the Jan. 6 insurrection and warnings from law enforcement ahead of the midterms.

That was echoed in a scathing letter yesterday sent to Capitol Police by Rep. Zoe Lofgren (D-Ca.), who is one of the most senior Democrats in Congress and heads the Administration Committee.

In her letter, Lofgren noted that the agency “has previously reported to the committee that the speaker receives the most threats of any member of Congress,” and asked why that protection was not extended “to the spouses and/or other family members of the congressional leaders in the presidential line of succession.”

She questioned why the USCP had turned down an offer from the FBI for some of its officers to be part of terrorism task forces investigating threats against Congressmembers and why it had not made a formal agreement with San Francisco police for a car to be posted at the Pelosi’s home 24-hours a day as had been done in the months after Jan. 6.

Lofgren also inquired why the Capitol Police did not direct more threats against lawmakers for prosecution. She noted that members of Congress received at least 9,625 threats in 2021, but just 217 were referred.

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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