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TomCADem

(17,387 posts)
Wed Sep 23, 2020, 10:32 PM Sep 2020

The Story About Trump Trying to Steal The Election Highlights Importance of Senate Races! GOTV! [View all]

I would not put anything pass Trump regarding the Atlantic story about the Trump campaign trying to explore ways to bypass election results. However, this does not apply to Senate races.

The 17th Amendment provides that Senators are election by the popular vote of each state. There is no theoretical opportunity to bypass the popular vote:

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.


This also might be why some Republicans like Ben Sasse have called for the repeal of the 17th Amendment.

Nonetheless, the one real check on Trump being able to hijack the Presidency by convincing Republican Governors and Legislatures of throw out the popular vote is to elect a Democratic Senate.

Far from suppressing the vote, we should use this news to campaign harder for Senate seats, because Trump and Republicans might be tempted to try to hold on to power if they think that they will not be held accountable.
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