The 2020 Election is Over

November 09, 2020

 

The 2020 Election is Over

 

One of the reasons I’m an official registered nonpartisan, along with some 90,000 other Nebraskans, is that it leaves me quite free to criticize either of the state’s two major parties.  From that perspective I have a couple of observations about the just completed Presidential contest.

My first observation is that President-elect Biden is probably better served by having the repubs hold onto the Senate, which gives him a buffer against the more “out-there” elements of his own party.  Biden and McConnell are old friends, having served and worked together over the period of their joint Senate tenure to fashion reasonable, middle-of-the-road solutions to any number of knotty issues.

In this regard, Biden should consider telling the far-left element in his party – which came damned close to costing him the election – to put a sock in it.  And to the status of the vote counting, does anyone really think the dems could organize a nationwide deep and secret conspiracy to steal the election?  C’mon folks, they’re Democrats.

That said, may I say also that there seems to be among the public a stunning lack of knowledge about recounts and the role of the courts, if any.  This afternoon, I heard on the radio a lady in Tennessee say that she wants to wait until the recount is completed and see what the Supreme Court will say.  Please note: THE SUPREME COURT – SUPREME THOUGH THEY MAY BE – DOES NOT COUNT VOTES NOR RULE PER SE ON THE OUTCOME OF ELECTIONS.  That is a function reserved to the states under the Constitution.  The Supreme Court did get involved in the 2000 election to the extent that they ordered the recount in Florida to end so the state would meet a Constitutional deadline by which the states are required to complete the counting.  It just happened that George Bush was ahead at that point, and that the election was set to go whatever way Florida would wind up going.  Bingo – Bush was President-elect, but note the Court did not choose the winner.  They don’t do that.

What happened in 2000 won’t happen in 2020 because A) Biden will in the end have some 306 electoral votes; B) No state, by themselves, will have sufficient electoral votes that, were they swung the other way, would make Trump the winner – that would require three or four states; C) That would be an undertaking of a size, scope, and cost so as to be virtually impossible.  Nebraska has an automatic recount statute.  Election results that are sufficiently close automatically toll a recount.  In states where recounts are requested – and likely there will be at least two states where the vote will be close enough that it begs to be recounted – the entity doing the requesting is required to pay the state’s cost in conducting the recount, as well as the cost of the lawyers they will want to be observing it.

A word about lawyering.  Attorneys who specialize in the field of election recounts are extremely specialized, extremely competent, and extremely expensive.  There are probably hundreds if not thousands of attorneys who would jump at the chance to participate – for free - as counsel in the recount of a Presidential election, but they’re not the ones you want representing you if you were the party seeking said recount.  And the sad fact is that the GOP and the Trump campaign are pretty much out of money, which is going to be a problem for them. 

I have two rules of politics: It is always changing; it never stays the same, and; Anything can happen.  With that caveat, the 2020 Presidential election is over.

 

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