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The Fake Electors Are Also Trying Again

Fake Trump electors are under indictment in multiple states, including Arizona, Georgia, Michigan and Nevada. They might well be convicted and sent to prison. Have they learned their lessons? Absolutely not. In multiple states the fake electors are running for elector on the Republican ticket. If Trump wins their states, then they are the legitimate electors. However, if Trump loses, they may well meet and cast fake electoral votes for Trump again.

In most states, the electors are chosen by the state party or a state convention, so the 2020 fake electors are free to try again. However, the ground rules have changed since 2020 due to the Electoral Count Reform Act of 2022 (ECRA). Among other provisions of the ECRA, the certificate of ascertainment, which names the electors, must be signed by the governor, unless state law provides for a different official (typically, the secretary of state) to sign it. So if fake electors meet and produce a bogus certificate of ascertainment, if it comes in without the signature of the authorized official, President of the Senate Kamala Harris will chuck it directly into the circular file with no further ado.

Whether the fake electors can themselves get elected as electors is far from certain, even if they want it badly. Some states might not be enthusiastic about electors who are mired in a criminal case about the very function they would be expected to carry out. There could easily be competitive electors for the position of elector this time and the fake ones would not be certain of winning. After all, there is no shortage of party activists who would like to be electors. The only requirement is that the person not be a federal employee. In principle, King Charles III could be an elector, possibly in an attempt to smooth over the unpleasantries of 1775-83. (V)

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