MICHAEL WALSH: Having the Election Conform to the Constitution.
Cruz et al. cite the work of the commission as a possible model to resolve the current dispute.
“We should follow that precedent. To wit, Congress should immediately appoint an Electoral Commission, with full investigatory and fact-finding authority, to conduct an emergency 10-day audit of the election returns in the disputed states. Once completed, individual states would evaluate the Commission’s findings and could convene a special legislative session to certify a change in their vote, if needed.
“Accordingly, we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given’ and ‘lawfully certified’ (the statutory requisite), unless and until that emergency 10-day audit is completed.”
It’s highly unlikely to work, of course. Even though Speaker Nancy Pelosi’s margin in the House is now very small, no Democrat will vote for it. And Sen. Mitch McConnell’s Senate? Forget about it. No matter what happens in the Georgia runoff elections for both Senate seats on Jan. 5, McConnell has already made his peace with a Biden presidency, and squishy “moderates” such as Sens. Ben Sasse and Mitt Romney will be sure to put the boot in.
Still, it’s the principle of the thing—something that’s always in short supply in Washington and desperately needed now. If the courts won’t discharge their duty, then it’s up to Congress.
And for Cruz, Trump’s last rival in 2016, it’s a way to thrill the president’s base and position himself smartly for 2024. Because one way or another, the White House will still be up for grabs four years from now.
Read the whole thing.