What would happen after proven Presidential election fraud?
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  What would happen after proven Presidential election fraud?
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Author Topic: What would happen after proven Presidential election fraud?  (Read 1017 times)
Likely Voter
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Junior Chimp
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« on: January 14, 2014, 05:24:24 AM »

After every close election there are allegations of fraud and stolen elections. So, what would happen if - after a president were sworn in - it was actually proven that there was fraud. Say for example one state's results were changed and it was first shown in the press a year later then there were prosecutions and and lawsuits it was proven.

Are the president (and VP) immediately de-legitimized? Can a new set of electors be called to sit and elect the 'real' winner?

What happens to all the laws that the president signed? And all the executive actions?

And to make things even weirder, what if it were proven in the second term of a president that his first election was a fraud (but the second wasn't)
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: January 14, 2014, 08:55:23 AM »

If it could be shown that the President and/or Vice President had been complicit in the fraud, they could be impeached.  Those convicted of participating in the fraud would go to jail. But there would be no repudiation of the acts of the President prior to the discovery.
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Gary J
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« Reply #2 on: January 15, 2014, 05:41:38 PM »

If Congress had accepted the fraudulently obtained electoral votes and declared the President and Vice President elected because of them, I do not see a constitutional basis to subsequently challenge the result of the election before the Courts. The only remedy would be impeachment by the House and conviction by the Senate. If that did not work, then the election would have been successfully stolen, with whatever damage that might cause to the Republic..

I think US courts would decide the whole issue would be a political question, for the political branches of the government to sort out. The power to count the electoral votes is exclusively vested in Congress and there is no constitutional provision allowing Congress to subsequently alter the official result of the election.
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Nichlemn
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« Reply #3 on: January 17, 2014, 04:33:36 AM »

I wonder if it was proven to happen before the Electoral College met, how likely it would be that a decisive number of electors would switch?
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Likely Voter
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Junior Chimp
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« Reply #4 on: January 17, 2014, 05:03:37 AM »

I wonder if it was proven to happen before the Electoral College met, how likely it would be that a decisive number of electors would switch?

Well in that scenario there would be a lot of pressure for the electors from the state in question to become faithless. Even if they didn't an objection could be raised when the votes were submitted to Congress and if both the House and Senate accept the objection then all the electors from that state can be rejected. In the case of a proven fraudulent set of electors I find it hard to imagine that even if members from that party controlled one or both houses of Congress they would allow the counting of the fraudulent electors. The country would just fall into anarchy as it would be seen as a coup.

As for impeachment, I had envisioned in my original scenario that the President and VP candidates were not proven to have knowledge of the fraud. The conspirators would be smart enough to give their guys plausible deniability. And benefiting from fraud doesn't seem to count as a crime. Of course the president and VP would be under pressure to resign, but I don't think there is any legal way to get them out of office. But good luck winning re-election and their party would likely be screwed for a generation.
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