This year’s election is unusual in a number of ways. But one of them—dueling electors—actually has precedent in U.S. history. And it could indicate how things might play out. There are dueling slates of electors in 7 states where electoral votes are officially for Biden. One of Trump’s attorneys says there is a historical precedent for the Trump electors in those states to have their votes counted when Congress selects the president.
The last time it happened was in 1960, when Nixon won Hawaii and the governor certified the votes, but Kennedy eventually won the state after a legal battle and Congress counted Kennedy’s votes instead.
Trump’s attorney John Eastman says if lawsuits challenging the election are successful, the votes from Trump’s electors may be counted in the Joint Session of Congress on Jan. 6.
“If the pending litigations rule in favor of President Trump then it’s I think likely that his slates of electors will be counted. If they find that there may have been fraud or illegalities, illegalities everybody acknowledges that in every one of these states state election laws were violated. The question then will be whether that affected enough ballots to have altered the results of the election,” said Eastman.
Eastman points to numerous statistical anomalies in the vote and video evidence of bins full of ballots pulled out from under the table and counted without proper oversight.
“So when you see all of these things combined, yeah, I’m fairly confident that there was pretty extensive fraud here. And in each of these swing states, what we’ve seen is more than enough to have affected the results of the election,” said Eastman.
A poll by Rasmussen shows 47 percent of likely voters say they think Democrats stole votes or destroyed pro-Trump ballots to ensure Biden would win. Eastman says many lawsuits alleging election fraud were thrown out before looking at the evidence.
“Well, that’s not the job at a motion to dismiss. If there are contested issues of fact, that if they go one way, one side wins. And if the facts go the other way, the other side wins. You got to have a factual hearing, you can’t decide it just on the papers,” said Eastman.
Litigation is still pending in a number of states ahead of Congress’s Jan. 6 meeting.