Forces opposing Donald Trump unleashed a tsunami of lawsuits in full-out legal attack on the Electoral College. The attack includes an intense lobbying effort with the goal of persuading enough Republican electors to change their vote to Hillary Clinton instead of Donald Trump.
Clinton won the popular vote by well over 2.2 million votes but lost the Electoral College, which determines the presidency. The Hamilton Electors’ strategy is to challenge the Electoral College, which was originally designed to de-select a presidential candidate, should the voters elect a person who is unfit, according to POLITICO.
The Electoral College has morphed into a constitutional rubber stamp to select the president. The Democrat advocacy group wants the courts to find that each elector can change his or her vote to support a candidate, one different from the one the elector’s state chose.
Constitutional law professor at Harvard University Laurence Tribe commented:
‘There might well be a clamor to get rid of the Electoral College altogether, a move that would have some disadvantages (like eliminating Hamilton’s safeguard) but many advantages as well. Anyhow, clamor and anger have become par for the course in this loony election year.’
Trump won the popular vote in enough states to give him 306 electoral votes. It only takes 270 votes to win the presidency. That is why the anti-Trump activists need 37 Republican defections. If that occurs, the House of Representative gets the final decision.
Close Trump adviser Roger Stone sent the following email:
‘I am tracking it intensely. The dying gasp of the established order.’
One of the leaders of the Hamilton Electors from Colorado, Polly Baca said:
‘I have always believed we should have a national popular vote. That’s been my position now for decades.’
Both Baca and Washington state’s Hamilton Elector Bret Chiafalo said that they do not necessarily want to undo the Electoral College. Instead, they say they are just moving it back to its historic function, which is to serve as a safety valve should voters choose an unfit president. But they say they wouldn’t have a problem if the Electoral College unraveled.
Hamilton Electors are presenting an amendment to the Constitution to completely abolish the Electoral College. Other advocates are going the bipartisan route, a statewide agreement to elect the president by popular vote.
Veteran GOP operative from Michigan Saul Anuzis is promoting the state popular vote agreement:
‘I think it helps in a sense that it’s raising the consciousness of how the Electoral College works. Trump’s argument is we ought to have a 50-state election. And he believes whoever gets the most votes ought to win. Rationally, as a Republican and conservative, you basically want to keep the state powers … it preserves the Electoral College. It doesn’t lock us in for life. I think that the state-based compact is a rational one.’
Ohio Northern University Electoral College expert Robert Alexander said:
‘It could be the autonomy of electors is going to come under very close scrutiny.’
Texas A&M professor and renowned Electoral College critic said:
‘That could suck the energy out of real reform.’