In this letter to our members, we sought to inform about the Electoral College and to express our concerns about the attacks on our democratic system that took place this election season.
According to the processes outlined in the U.S. Constitution and by federal law, the Electoral College voted today, even as the president continued to attack the results of the election. It is undeniable that the actions of the president, his staff, and many members of Congress have constituted an unprecedented assault on the legitimacy of our elections.
Despite the opposition, our democratic systems continue to prevail. The lower courts, Supreme Court, secretaries of state, Attorney General, and other election officials have all upheld the election results, confirming the strength of our election systems. Joe Biden and Kamala Harris will become president and vice president of the United States on Jan. 20, in accordance with the will of the voters. The electoral process worked, just as it always has.
With rumors about faithless electors and Trump’s alternative slates of electors being publicized in the news today, here is a refresher on how the Electoral College functions, from the National Task Force on Election Crises:
The president is chosen by the Electoral College.
Electors are chosen to vote for president and vice president based on the popular vote of their state.
State legislatures can choose the manner of appointing electors; however, they cannot override the will of the voters by appointing their own slate of electors after Election Day.
The “Safe Harbor” deadline for choosing electors was on Dec. 8. It is the date by which states needed to resolve legal disputes to have their selection of electors recognized as “conclusive” by Congress. Congress must consider electors appointed by Dec. 8 as lawful, even if an additional, alternative slate of electors is sent.
Legislatures may not use delays in vote counts or election disputes as reasons to overturn the popular vote.
Whether or not they met the Safe Harbor deadline, state electors voted today, Dec. 14.
Legislatures that try to overturn the election results in their state and appoint alternative slates of electors risk violating federal law and democratic norms.
This year, the only state that has clearly not qualified for the Safe Harbor deadline is Wisconsin, because of an unresolved lawsuit. Other states with lawsuits pending appeals have questionable Safe Harbor status.
As expected, Joe Biden received 306 electoral votes.
Members of the newly sworn-in Congress can utilize outlined legal processes to resolve disputes when they meet to count the electoral votes on Jan. 6. For Trump’s alternative slates of electors to be considered, both chambers of Congress must vote to accept them. If the chambers cannot agree, federal law dictates that only electors certified by states may be counted. All swing states in question have already certified their results for Joe Biden.
On Jan. 20, Joe Biden and Kamala Harris will be sworn in as president and vice president.
In short, election law experts have dismissed any efforts by the Trump campaign to appoint alternative slates of electors. Congress will have no legal reason to accept them over certified election results (source). The only effect these efforts will have is to continue the attempt to cast doubt on the legitimacy of the election. We urge members of Congress to publicly accept the results of the popular and Electoral College votes and discourage efforts to undermine our election.
Many national nonpartisan organizations, including MWEG, were prepared for the possibility that lawsuits, accusations of voter fraud, the spread of disinformation, and concerns about alternative slates of electors would become pervasive after the election. We are still disappointed and discouraged to see these things come to pass.
We are troubled that the president and members of Congress are spending time on baseless lawsuits and accusations of voter fraud while more than 3,000 people a day are dying of COVID-19 and millions of Americans are facing economic struggles. We are disturbed by reports of election officials being harassed, doxxed, and threatened because of misinformation about the election. Be assured that we are not complacent. We are remaining vigilant and speaking out for truth and peacemaking as this process plays out.
We urge you to not panic as you follow the news during this intensely stressful time. Instead, please take time to focus on the things you can control: rest, time with family, healing from a contentious election season, caring for those who are suffering, regrouping, and rebuilding relationships. By all means, keep up on the news as you have the emotional bandwidth. We will continue to analyze it here. If you need to take a break from social media at times, we support you in doing so.
We will also continue to offer concrete actions you can take to make your voice heard. If you have not already done so, please make your thoughts known to your members of Congress about the election and the need for economic relief by using our convenient letter-writing tool.
While what we are witnessing has been distressing at times, we believe our democratic systems are withstanding the pressure. Take heart in that and re-commit yourselves to being peacemakers. We will be sharing more concrete peacemaking tools in the coming months to help you prepare for what lies ahead.
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