No president is elected in November. So, I wonder, why requests for concession speeches due to popular votes dominate some headlines when the game hasn’t even been played yet?
The process for electing the president and vice president actually starts in each state on Monday after the second Wednesday in December of presidential election years. This year, it’s Dec. 14 (3 U.S.C.§7). At this time, electorates from each state (according to their number of congressional seats) cast and sign their vote for president and vice president (Certificate of the Vote). They pair these with certificates of ascertainment provided by the state governors and sign, seal, and certify them (3 U.S.C. §§8-10). These are sent by registered mail to the president of the U.S. Senate, secretary of state of electorates, archivists and district judge of electorates. On Jan. 6, 2021, unless changed by law, at 1:00 p.m. the results are counted at the Capitol. Thus, presidential elections are not dictated or dependent on popular votes of each state, but on the votes of electorates from each state.
Lawsuits on popular votes are a moot point or should be. Why? If presidential elections were determined by popular vote then state sovereignty would disappear and candidates would only campaign in California, Texas, New York, Florida, and other highly populated states. This would silence the voice of less populated states, changing our constitutional republic we now have to a democracy or mob rule. Imperative? Ask Rosa Parks. A democracy, or popular vote, would have silenced her individual liberties. Further, this election process codifies the contract made between the states (U.S. Constitution) that gives a voice to each state, through electorates, who will best represent their state in foreign affairs, war, peace, and foreign commerce: which is, after all, the purpose of the federal government (Federalist #45).
Relevant? After China informally declared a people’s war on the U.S. last year, we know the Chinese closed all flights in the fall in China but not to Europe or the U.S. where the Chinese knew Covid-19 would spread with certainty (Imprimis 49:9, 2020).