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Indications so far are that Donald Trump will be a disaster as President: his appointment of rabid Marine Corps generals to the key spots of Defense Secretary and National Security Advisor, with the possibility that another military man, General Petraeus, will be nominated as Secretary of State, means that the war machine will soon be in place. Get your sons and daughters ready to go to war...

stein assigns votes

Preventing the Bull from Entering the China Shop—Ted Vaill

Couple that with an inexperienced UN Ambassador, Gov. Nikki Haley, a HUD boss who admits he is not qualified for the job, a Treasury Secretary who once foreclosed on a 90-year-old woman's house over a 27 cents shortfall in payment, and a Commerce Secretary who knew that a mine he owned was unsafe before a mine disaster, and you have an incoming Administration loaded with dangerous people and incompetents. And then there is the most unstable of all, The Donald…

A Radical Proposal

Donald Trump is not the President-elect…yet. On December 19, 2016, the persons chosen as "electors" in the anachronistic electoral college meet in their respective state capitols to cast their 538 votes for President and Vice President of the United States. After those results are accepted and certified by the Congress in early January, 2017, the President and VP are inaugurated on January 20.

But wait…there's more.

Recounts called for by Green Party Presidential candidate Jill Stein are pending in three key states—Wisconsin, Michigan and Pennsylvania—states that tentatively have provided the narrow victories that pushed Trump over the 270 electoral votes needed to elect the next President. Trump currently has an 11,612 vote lead in Michigan, with close to 5 million votes cast; a 22,177 vote lead in Wisconsin, with nearly 3 million votes cast; and a 49,543 vote lead in Pennsylvania, with almost 6 million votes cast. There are less than two weeks left before the electors are to meet, so the recounts must progress very rapidly for there to be any changes in the vote counts.

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Hillary is the less worse choice for Jill Stein voters, and I call upon Stein to assign her votes in those three key states to Hillary.

But there is another way. The Americans who voted for Jill Stein were almost universally more liberal than Hillary Clinton, and most of them hated Donald Trump and would not want to see him elected under any circumstances. Hillary is the less worse choice for them, and I call upon Jill Stein to assign her votes in those three key states to Hillary: 50,700 votes in Michigan, 30,980 votes in Wisconsin, and 48,912 votes in Pennsylvania. Adding these votes to Hillary's in those three states, Hillary would win Michigan and Wisconsin's electoral votes easily, and would be 631 votes short in Pennsylvania, with the recount pending. Trump has already lost 20,000 votes of his Pennsylvania lead in the recounting done after Election Day.

Can This Be Done?

People I have talked to have said this scenario is ridiculous, illegal and unprecedented. I say, prove to me that it can't be done. Jill Stein assigns her votes in those three states (or even in all states where she was a candidate) to Hillary, and Hillary wins those states, and her electors appear in Lansing, Madison and Harrisburg on December 19 and cast their votes for Clinton and Kaine. Undoubtedly the Trump electors in those states will also appear and cast their electoral votes for Trump and Pence. There would be two sets of electoral votes presented to Congress for acceptance, totaling 46 electoral votes. If the Trump electors are accepted, Trump has 306 electoral votes and Clinton 232; if the Clinton electors are accepted, Clinton has 278 electoral votes, Trump has 260 electoral votes, and Clinton is elected.

This has happened before: in 1876, Democrat Samuel Tilden won the popular vote by a wide margin (like Hillary), and was one electoral vote short of winning the electoral votes, defeating Republican Rutherford Hayes. But three states, Louisiana, Florida and South Carolina, presented two sets of electors to the Congress for acceptance; if Hayes won all three, he would be elected President 185 electors to 184. A Presidential Commission consisting of 5 Senators, 5 House members and 5 Supreme Court Justices was chosen to determine which electors to accept, and they voted 8-7 in all three cases to accept the Republican electors, and Hayes was elected President.

There undoubtedly would be a Constitutional challenge to the Clinton electors in those three states, but the Constitution is silent on this issue, and there is no Constitution impediment to this scenario happening. There could be legal impediments in one or more of these three states, and disaffected Stein voters might challenge what she did, but almost all of them would far prefer Hillary to Trump as President. Also, in the next two weeks, if evidence surfaces of Russian manipulation of the electoral processes in these three states, or if there is evidence that significant numbers of votes were flipped, not counted or miscounted, throwing the results in these three states into question, that would argue even more strongly to allow Stein to assign her votes to Clinton.

The Supreme Court, as in 2000, would undoubtedly be asked to intervene to resolve this impasse, and the Court is now split 4-4 between liberals and conservatives. However, if President Obama makes a recess appointment of Judge Merrick Garland (or even himself) to the Court before the new Congress convenes on January 3, 2017, the fifth liberal vote could be cast for the Clinton electors.

This may create a major Constitutional crisis, but what is more important, electing an incompetent, unstable, sex addict business executive with multiple conflicts of interests to be our next President, who may just kill us all, or resolving a Constitutional crisis by electing someone clearly qualified to be our President, Hillary Clinton. It is not too late…

Ted Vaill

ted vaill