3 Keys to Understanding the Proposal to Audit the Presidential Election

3 Keys to Understanding the Proposal to Audit the Presidential Election

As with so many events politicians and pundits call “unprecedented,” there is precedent all around. 

Trump tweeted Monday that Republicans who don’t back him are part of the “surrender caucus” who will “go down in infamy as weak and ineffective.”

The House Republicans’ statement added that state legislatures determine when fraud affects the outcome of an election, and it is their job to send that information to Congress.

Sen. Tom Cotton, R-Ark., called for a commission to investigate the 2020 election, but warned about a risky precedent should Congress intervene now since its power “is limited to counting electoral votes submitted by the states.”

“If Congress purported to overturn the results of the Electoral College, it would not only exceed that power, but also establish unwise precedents,” Cotton said. “First, Congress would take away the power to choose the president from the people, which would essentially end presidential elections and place that power in the hands of whichever party controls Congress.”

Cotton added: 

Second, Congress would imperil the Electoral College, which gives small states like Arkansas a voice in presidential elections. Democrats could achieve their long-standing goal of eliminating the Electoral College in effect by refusing to count electoral votes in the future for a Republican president-elect. Third, Congress would take another big step toward federalizing election law, another long-standing Democratic priority that Republicans have consistently opposed.

Trump also went after Cotton in a tweet, promising a speech and new evidence. The president, who was set to hold a rally Monday evening in Georgia, tweeted: “Republicans have pluses & minuses, but one thing is sure, THEY NEVER FORGET!”

A bipartisan group of 10 Democrats and centrist Republicans in the Senate also asserted that the presidential election was over. 

“All challenges through recounts and appeals have been exhausted. At this point, further attempts to cast doubt on the legitimacy of the 2020 presidential election are contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results,” the senators said in a joint statement.

They include Mitt Romney, R-Utah; Joe Manchin, D-W.V.; Susan Collins, R-Maine; Mark Warner, D-Va.; Bill Cassidy, R-La.; Jeanne Shaheen, D-N.H.; Lisa Murkowski, R-Alaska; Maggie Hassan, D-N.H.; Dick Durbin, D-Il.; and Angus King, I-Maine, who caucuses with Democrats.  

“The voters have spoken, and Congress must now fulfill its responsibility to certify the election results,” the senators added. “In two weeks, we will begin working with our colleagues and the new Administration on bipartisan, commonsense solutions to the enormous challenges facing our country. It is time to move forward.”

Ken McIntyre contributed to this report, which was updated after publication to include Sen. Kelly Loeffler’s announcement.

This article was first published by the Daily Signal. ​Image: Reuters