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Surprisingly, the press has not called the efforts to unseat Trump a possible "Triple Trexit" |
The Takeaway
I'm going to start with the takeaway before I get into the weeds with all this recount and Electoral College business: my guess is that if Hillary Clinton or Donald Trump told people to get mad about our broken election system and to demand that politicians address the problems with it, millions of people would go out and protest for the cause. If Sean Hannity or Rachel Maddow said that people should protest and demand an election system that is fair, accurate and transparent, millions of their sycophant viewers would comply. But politicians and pundits do not want a fair, accurate and transparent election system. It seems that we are stuck with a broken election system and a political system that cannot serve the citizens of the country because we haven't learned that the issues that politicians try to avoid are the very issues that would make dramatic improvements to the strength of our democracy and our country. Instead, we are told to protest about the Affordable Care Act or gun control issues. People comply while our election system is incapable of producing candidates that are worth voting for. If we had candidates worth voting for, they wouldn't be passing laws that need to be defended. They would be passing laws and instituting policies on which nearly everyone would agree. If politicians passed a law to end the practice of gerrymandering, do you know a single person that would protest such a change? It is past time that we stop taking our direction from politicians and political pundits and instead identify an agenda that serves citizens and democracy, rather than politicians and political parties.
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What happened to the Founders' vision of the country? |
The Recount/Audit
There are two last ditch efforts underway to prevent Trump from taking office. The first is a recount effort, initiated by Green Party presidential candidate, Jill Stein, in the states of Wisconsin, Michigan and Pennsylvania. Jill Stein is leading this effort because 1) in order for someone to start a recount, they need to have "legal standing"--meaning that only someone who has suffered a tort due to the election process (one of the candidates) can demand a recount. And, 2) Hillary Clinton will not ask for a recount because the people who own her (Wall Street banks and CEOs of large corporations) do not care who the president is. Their interests will be served whether Trump is in the White House or Hillary is. Hillary is not going to rock the boat on behalf of her voters when her masters just want a peaceful transfer of power and limited disruption to business operations.
The states selected for recount were selected because the election results differed from the polls before the election and the exit polls. The votes in these states were never counted but were simply tabulated by optical ballot readers that are capable of error and can be programmed to deliver a specific result. It would be stupid to accept the election results when every metric available suggest that they may be in error and when the ballots were never actually counted by anybody.
The recount is not expected to change the results of the election for a number of reasons. In Wisconsin, a hand recount was requested but denied by the courts. So, the same ballots will be run through the same ballot scanners and if there is no significant variation in the vote totals, the results will likely be accepted as correct, even though the ballots have never been counted. There is no way of knowing--other than counting the ballots by hand--if the ballot scanners correctly tabulated the votes in the first place or in the "recount". In Pennsylvania, most of the precincts use electronic voting machines that do not produce a paper record at all. There will not really be any kind of a recount there because there is nothing to count. Basically, they'll ask the machine if it was correct on Election Day, press some buttons and the machine will likely spit out the same answer. There may be an audit of these voting machines as part of the recount effort and that could reveal malfunction or malfeasance.
The recount could change the election results under the following circumstances:
- If an audit of the ballot scanners and/or voting machines is performed and it is revealed that tampering or hacking had taken place.
- As I understand it, the ES&S M100 ballot scanners are in use in the states that are going to be recounted. When tested, these machines would give varying results when the same ballots were run through them. For this reason and others, the M100 was not certified to be used in the State of California (thank god). It is possible that the "recount" results could change due to machine error. Were that to occur, we would hopefully get a hand recount so that we would better know who the winner actually was.
- If spoiled (rejected) ballots are reviewed and assigned to a candidate (when appropriate) it could overturn the Trump victory. This election, 3 million votes were rejected. Ballots can be rejected for legitimate reasons, such as if the voter had marked more than one choice for president, for instance. The machines can also be programmed to reject specific ballots with the intent to sway the election. Then there are semi-legitimate reasons for spoiled ballots. If there are stray marks on a ballot, it can be rejected but the same optical readers are sometimes used in other districts and configured to alert the voter when their ballot has been rejected. This allows the voter to cast a new ballot. In states that have Democratic Secretaries of State, the latter type of machine may be deployed in Republican districts while the former type is used in Democratic districts. In states with Republican Secretaries of State, the opposite is likely to be true. It's one of the ways that the political parties game the system and if some of these rejected ballots are valid and they are reviewed, the election results could change.
- Provisional ballots are not always counted. The "recount" could include a review of hundreds of thousands of provisional ballots cast by legitimate voters who were removed from the voter rolls and/or hundreds of thousands more provisional ballots cast by people who did not have the ID required by new election laws in specific states, like Wisconsin. The spoiled and provisional ballots far outnumber the margin of Trump's victory in these states.
Electoral College Correction
The other effort underway to prevent Trump from occupying the White House is a campaign for the Electoral College to select another candidate. This is also not likely to occur but it is certainly a possibility and it could shake out two ways. The Electoral College is supposed to be a safety switch to prevent an
unqualified and unfit person from becoming president. Donald Trump can easily be argued to be unfit and unqualified. In polls before the election, 62 percent of Americans responded that Trump was unfit to be president. And it would not require 270 electors to vote against Trump to select another president. If a handful electors decide to vote against him, or decide to award their state's electoral votes proportionally (rather than winner-take-all), then it could result in neither Trump nor Clinton having enough Electoral College votes to win the White House. In this instance, the House of Representatives would select the person to be the next president. John Kasich has been rumored to be the most likely compromise candidate.
The multitude of conflict of interest scandals and breaches of protocol by Trump in the past couple of weeks will make an Electoral College vote against him more probable. The questions raised by our dysfunctional election system and the restrictive voting rights laws could also be factors.
Of the possible outcomes (a recount giving Hillary Clinton victory, John Kasich being selected to be president by the Electoral College/House of Representatives or Trump remaining the president-elect), I would prefer to have Kasich as the next president. But that would set a new, scary and perhaps dangerous precedent: the Electoral College overturning the choice of the people. I believe that Trump is inexperienced and dangerous enough to take this dramatic action, but is he really? Is he dangerous enough to risk turning to the Electoral College to select a president for the country or turn the decision over to the House of Representatives, invalidating the election results? There is no way of knowing, other than letting Trump take the oath of office and seeing how things go--at which point it could be too late to ever rectify the situation. I'm not sure what the outcome will be but luckily, as an American, I am used to having no good options.
If you support the campaign for the Electoral College to overturn Trump's victory, or if you oppose that action, you can send a
message to the electors to let them know how you feel. If you support the recount effort to determine who actually won in the states of Wisconsin, Michigan and Pennsylvania, go to
Jill2016.com. We have until December 19th, when electors vote, to get this right.
If you want to know all there is to know about elections in the United States, you need to follow two people: Greg Palast and Brad Friedman. The pair of journalists are the foremost experts in the country when it comes to voting laws and politicians' schemes to violate them. If you are listening to anyone else speak about election issues, then you are likely getting utter nonsense or, at best, you are getting unsubstantiated speculation for which there is little or no evidence. If you don't know what a caging list is, or a purge list, or what an overvote is, or what an undervote is, or if you don't know what Interstate Crosscheck is, or if you don't know what "fraction magic" is, then you are not aware of the multitude of ways that politicians try to steal elections and undermine YOUR vote. Both parties commit any election fixing they can get away with. Don't hold your breath waiting for a someone among them to encourage you to get involved with cleaning up our elections.