Top Three Takeaways – December 7th

Top Three Takeaways – December 7th

  1. One week. Other than the catchy Barenaked Ladies song (top of mind to me this time of year because my all-time favorite Christmas song is God Rest Ye Merry Gentleman by the Barenaked Ladies and Sarah McLachlan), it’s how long team Trump has to make the case regarding any election challenges. A week from today the Electoral College votes for president. At the onset of the contestation of the election by President Trump, I used the analogy of his team having to complete a minimum of three Hail Mary passes in a row successfully to exact a different outcome than was shown in the six contested states. If the past month has been a long warm up, this is now the week where those Hail Mary passes will have to connect. As any football fan is aware, even Hail Mary’s aren’t equitable. There’s a big difference in lobbing passes from the 40-yard line of your opponent as opposed to your 40-yard line. The legal route through the courts has largely been unsuccessful. While there’s still time for legal challenges to connect this week – it's safe to say team Trump is going to connect these passes from their side of the field. According to ESPN, only 9.7% of Hail Mary passes are completed on average. According to a 2015 study by BYU, only 2.5% of Hail Mary’s result in a touchdown which alters the outcome of the game. As we’re down to crunch time those odds sound about right for the daunting task facing team Trump this week...especially considering the train begins to leave the station in...
  2. One day... Tuesday marks what’s known as the Safe Harbor Deadline. Even if you’re versed in the Electoral College, you’re likely wondering...what’s that? The Safe Harbor Deadline according to US Code mandates the following: If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. So, what does all that fancy legal language mean? All states are to resolve any election related disputes six days before the meeting of the Electoral College. States that meet the Safe Harbor Deadline are legally bound by the results presented - this includes the seating of Electors. Once that happens in a state – the United States Supreme Court would be the only body which would have the authority to exact a potentially different outcome prior to the voting of the Electoral College next Monday. What are the odds of that happening times three states should all meet tomorrow’s deadline? Let’s just say those Hail Mary’s would now be attempted from Trump’s own 1 yard.
  3. Everyday. There isn’t a day that goes by in which we shouldn’t be demanding transparency within all states, counties and cities with questionable election processes across the country. As I’ve stated all along, the outcome of the Presidential election wasn’t likely to change as shown a month ago. As important as it is, it was always a secondary consideration. Just as the investigations into Brenda Snipes in Broward and Susan Bucher in Palm Beach County two years ago didn’t lead to a change in a single election outcome...it did lead to their ousters along with the corruptible Sequoia voting software, owned by Dominion, which is used and is currently in question in all contested states. Until every Sequoia voting system has been eliminated from use in the United States and full transparency and accountability for those still using those systems has occurred (there is no valid excuse) – the 2020 election cycle isn’t over. Just the election results, in one week.

Photo Credit: Getty Images


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