en en en en fr en en en en it en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en fr en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en sv en en en it en en en en en en en en en en sv en en en it en en en en it en en en en it en en en en it en en en en it en en en en it en en en en it en en en en en en en en en en en en lv en en en en en en en en en en en en en en en en fi ca en es es en en zh cv en en en en en en en en en en en en en en en en en en
Could the Pa. GOP bypass the popular vote regardless of who wins? Here’s what we know. · Spotlight PA
Investigations Events Newsletters Staff Tips State College SearchSupport Us
by Angela Couloumbis of Spotlight PA and Cynthia Fernandez of Spotlight PA | Sept. 25, 2020
The Pennsylvania legislature could decide to offer its own slate of electors by invoking Article II of the U.S. Constitution.
HARRISBURG — It is the nightmare scenario Pennsylvania election officials have fretted over for months: a knock-down, drag-out fight over which presidential candidate will win the state and snag its coveted electoral votes.
Now, the head of the Republican Party of Pennsylvania has fueled fears of chaos after Election Day, raising the specter that his party could break with tradition and allow the GOP-controlled legislature to choose a slate of presidential electors to cast the state’s votes for Donald Trump — even if the president doesn’t win the popular vote.
In comments to The Atlantic made public this week, state Republican Chairman Lawrence Tabas suggested that he had spoken with Trump campaign officials about the possibility of bypassing the results of the popular vote, should there be uncertainty or disputes over the validity of ballots cast. The U.S. Constitution, Tabas said, allows state legislatures to choose presidential electors.
“I’ve mentioned it to them, and I hope they’re thinking about it too,” Tabas told the magazine, referencing the Trump campaign. “I just don’t think this is the right time for me to be discussing those strategies and approaches, but [direct appointment of electors] is one of the options.”
His remarks, coupled with those of state Senate Majority Leader Jake Corman (R., Centre), have placed the state’s political world on alert for a constitutional showdown, with Democrats claiming it would amount to stealing the election.
Senate Minority Leader Jay Costa (D., Allegheny) called it “an affront to all voters and our democracy as a whole.”
“Voters must determine our next president,” Costa said, “not a few Trump loyalists handpicked by Republican legislative leaders.”
Tabas did not respond to multiple requests for an interview. In a statement, state GOP officials said Tabas’ comments were taken out of context to spin a “pre-emptive farce that projects conspiracy, delay, and even violence onto Republicans.”
Corman said in a series of tweets Thursday that his comments to The Atlantic — suggesting that the legislature has the power to step in and appoint electors if there isn’t a clean count of the popular vote — were “hypotheticals” and “pure conjecture.”
“I have had zero contact with the Trump campaign or others about changing Pennsylvania’s long-standing tradition of appointing electors consistent with the popular vote,” he said. “The General Assembly is obligated to follow the law and the law is the Election Code, which clearly defines how electors are chosen and does not involve the legislature.”
A spokesperson for state House Republican leaders said there have been no discussions about the legislature taking over the process of nominating electors.
“We have had no discussions about departing from the practice of appointing electors consistent with the popular vote,” said Jason Gottesman, spokesperson for House Majority Leader Kerry Benninghoff (R., Centre).
The Atlantic, quoting sources in the Republican party at both the state and national levels, said the Trump campaign has been making contingency plans to claim widespread fraud during the election, giving them the opportunity to contest results in the days and weeks after Nov. 3.
In the face of such chaos, Republican-controlled legislatures in swing states like Pennsylvania could step in to choose electors who would be loyal to the president.
In most states, electors are nominated by political parties. They are critical players: When voters cast their ballot for president on Election Day, they are actually voting for that candidate’s slate of electors. Those electors then get together a few weeks after the election to formally cast their ballots for the candidate they represent.
Pennsylvania law dictates that each political party’s presidential candidate gets to pick his own electors. It’s a “winner-take-all” state, with 20 electoral college votes.
Trump could “pollute what we are hearing about the election and try to convince people that he hasn’t lost when in fact he has,” said Dan Baer, a senior fellow at the Carnegie Endowment for International Peace.
And if the validity of ballots cast on Nov. 3 is called into question, the Pennsylvania legislature could decide to offer its own slate of electors by invoking Article II of the U.S. Constitution. That section grants state legislatures the right to designate the manner in which electors are selected.
In the 1876 presidential election, three states sent two competing slates of electors to Congress. That precipitated a constitutional crisis, Baer said, “because there was no way to deal with it.”
The Republican party ultimately won the electoral college by one vote.
“I don’t think that’s likely but we’re in a moment where if we don’t think through what might happen — part of being responsible is trying to think through the scenarios that could happen even if they aren’t likely,” Baer said.
Exactly how Republicans in Pennsylvania would put forth their own slate of electors is unclear. Members of the party said they have not discussed the process.
Rep. Kevin Boyle (D., Philadelphia), minority chair of the House State Government Committee, said the GOP, in theory, could pass a resolution that doesn’t require Gov. Tom Wolf’s approval. That’s what lawmakers in Florida considered doing in 2000 before the U.S. Supreme Court settled the contested presidential race.
“If they are trying to circumvent the governor, that’s the form of legislative direction they would go on,” Boyle said.
Lyndsay Kensinger, spokesperson for Wolf, said Thursday, “Any scheme to undermine the public’s confidence in the election process for political gain is an affront to the core values of our nation’s democracy.”
Wolf and Republican leaders are in the midst of a contentious fight over how to best change the state’s election laws to allow for a quicker and less cumbersome vote count in a critical election year.
The state Supreme Court earlier this month handed Wolf a victory when it extended the deadline for mail-in ballots to be returned, allowed voters to submit their ballots through satellite drop boxes, and restricted the residency requirements of poll watchers.
Republicans had asked the court to issue a stay, but that request was denied Thursday. GOP leaders say they plan to appeal to the U.S. Supreme Court, while a similar federal case brought by the Trump campaign is still pending.
Left unresolved is a change counties say is critical to ensuring votes are quickly tallied: allowing election boards to begin processing mail-in and absentee ballots before 7 a.m. on Election Day.
“We all want a timely and accurate count,” said Adam Bonin, a Democratic election lawyer in Philadelphia. He said such a change is the best way to achieve that goal.
“Otherwise, Republicans are creating the very crisis that would potentially enable them … to steal Pennsylvania’s electoral votes,” he said.
100% ESSENTIAL: Spotlight PA relies on funding from foundations and readers like you who are committed to accountability journalism that gets results. If you value this reporting, please give a gift today at spotlightpa.org/donate.
THIS IS JUST THE BEGINNING...
We believe everyone in Pennsylvania should have access to trusted public-service and investigative journalism. That’s why we don’t have a paywall on our site, charge a subscription fee, or clutter our articles with ads that have nothing to do with our state.
Instead, we use the honor system.
Each of our stories costs hundreds if not thousands of dollars to produce. If you learned something today, do your part and join our effort to rebuild reliable, high-quality local journalism in Pennsylvania by making a tax-deductible contribution of any amount. We can’t do this work without you.
Support Spotlight PA »
I am a robot
Never Miss a Story
Sign up for PA Post and get a free daily email with top news from across PA, plus some fun, too.
You’re invited! Pennsylvania’s top election official answers your voting questions live
by Spotlight PA Staff
Photo Courtesy Chris Harter
Talk of a tax increase is driving a wedge between leaders of a growing Pa. township and its fire company
by Min Xian of Spotlight PA State College
Tom Gralish / Philadelphia Inquirer
A complete guide and amendment tracker for proposed changes to Pennsylvania’s Constitution
by Danielle Ohl of Spotlight PA
Leise Hook / For Spotlight PA
Pa. law protects workers who are approved for medical marijuana — but once they use it, it’s a different story.
by Ed Mahon of Spotlight PA
THE LATEST ON COVID-19
Dan Nott / For Spotlight PA
Pa. COVID updates: Your guide to finding resources on cases, vaccines, and tests
by Spotlight PA Staff
THOMAS HENGGE & STEVEN M. FALK / Philadelphia Inquirer
Pa. election 2022: Your complete guide to the candidates for governor
by Stephen Caruso of Spotlight PA, Ethan Edward Coston of Spotlight PA and Angela Couloumbis of Spotlight PA
More Stories from Spotlight PA
DAVID SWANSON / Philadelphia Inquirer
Former Pa. Gov. Dick Thornburgh dies at 88
by Andy Wallace of The Philadelphia Inquirer and Angela Couloumbis of Spotlight PA
Pa. Gov. Tom Wolf tests positive for the coronavirus, other officials in quarantine
by Cynthia Fernandez of Spotlight PA and Angela Couloumbis of Spotlight PA
Amanda Berg / For Spotlight PA
GOP leadership silent after Pa. senator tests positive for COVID-19 following maskless election event
by Angela Couloumbis of Spotlight PA and Cynthia Fernandez of Spotlight PA
KALIM BHATTI / The Philadelphia Inquirer
Pa. budget doesn’t raise taxes or bail out industries hit by the coronavirus
by Ed Mahon of Spotlight PA and Cynthia Fernandez of Spotlight PA
KALIM BHATTI / The Philadelphia Inquirer
Remaining $1.3 billion in coronavirus cash to prop up Pa. state budget rather than help ailing industries
by Ed Mahon of Spotlight PA and Cynthia Fernandez of Spotlight PA
Pa. victim advocate claims Senate rejection was ‘vindictive,’ could remain on the job for weeks or longer
by Angela Couloumbis of Spotlight PA
Two women just made history in the Pa. legislature. Will that be the last thing they have in common?
by Cynthia Fernandez of Spotlight PA
Tim Tai / Philadelphia Inquirer
Senate axes second term for Pa.'s victim advocate, who angered GOP leader
by Angela Couloumbis of Spotlight PA
KALIM BHATTI / The Philadelphia Inquirer
Feds reject Pa.’s plan to spend up to $300M in stimulus money for school property tax relief
by Ed Mahon of Spotlight PA and Cynthia Fernandez of Spotlight PA
HEATHER KHALIFA / Philadelphia Inquirer
Pa. Republicans drop effort to create ‘election integrity’ panel with subpoena power
by Cynthia Fernandez of Spotlight PA
Spotlight PA relies on funding from foundations and readers like you who are committed to accountability journalism that gets results.
If you value this reporting, please give a gift today at spotlightpa.org/donate.
Special Projects & Investigations
This site is powered by Netlify
228 Walnut St., #11728
Could not load results. ${error.message}
Sign Up For Our Free Newsletters
Get every Spotlight PA story and
the best investigative journalism from across Pa.
PA Post (Daily): Top news every weekday morning, plus a daily puzzle.
The Investigator (Weekly): Best accountability journalism every Thursday, plus a weekly riddle.
PA Local (Weekly): A fresh look at the incredible people, places, and food of Pa. every Friday, plus events, guides, best-of, and more.