We need changes in the states’ constitutions.  This election has been an eye-opening event as to the degree of election corruption and the lack of measures to investigate and resolve election controversies affecting the election of presidential electors. 

What measures do states have in place to investigate and resolve election controversies?  I have reviewed the state constitutions of those states involved in the election fraud controversies.  Nowhere in these state constitutions does the burden of resolving election controversies rest with the state legislature.  Yet, the U.S. Constitution places the responsibility on the state legislatures in Article 1, Section 4 “Each State shall appoint, in such Manner as the Legislature thereof may direct…” 

Constitutional provisions for resolving election controversies vary.  Michigan and Wisconsin provide for a board of canvassers with membership divided evenly between parties.  Pennsylvania’s constitution establishes the courts as the means to resolve election controversies.  Georgia’s constitution assigns this to the Secretary of State. Arizona’s constitution is entirely lacking in detail on elections; instead, you must refer to the state’s statues.

If the power exists with the state legislature to establish the procedures for selecting presidential electors, then the resolution of controversies in electing electors should ultimately rest with the state legislatures, not with the Secretaries of States and canvassing boards. In this election, state legislatures did meet and conduct hearings for these states.  Unlike the courts in these states, legislature committees for these states heard witnesses and received evidence. They were prepared to act, but such action would require the entire legislatures.  Provisions for convening special session of the legislatures varies between the states.  Governors in the states can order it, or 3/5ths of both houses can order it.  That is a difficult to do when party politics is involved.

These states need to amend their constitutions.  They need to add provisions to convene the legislatures to certify the election of presidential electors.  The legislature would have the advantage of committee hearing findings and the recommendation of the Secretary of State.  Further, voters would now have the advantage of now knowing where their legislators stood in resolving the election controversary.

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