60 years ago RepubliKlans tried to deny Pres. Kennedy using same tactics today facing Pres. Biden .

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Hijacking the electoral college:
The plot to deny JFK the presidency 60 years ago
Kennedy-1960-election.jpg

John F. Kennedy, right, is sworn in as the 35th president by Supreme Court Chief Justice Earl Warren, left, on Jan. 20, 1961. Attending are, at the first row, former president Dwight D. Eisenhower, left, Vice President Lyndon B. Johnson, second from right, and former vice president Richard M. Nixon



Hijacking the electoral college: ‘Faithless electors’ plotted to deny JFK the presidency in 1960

By Ronald G. Shafer | https://www.washingtonpost.com/history/2020/12/13/electoral-college-jfk-trump/
Dec. 13, 2020

It was a bitter, close election, and there were furious allegations of fraud.
After Democrat John F. Kennedy barely beat Republican Richard M. Nixon in the 1960 election, a coalition of opponents plotted to deny him the presidency in the electoral college. Most were White, conservative electors from the south who opposed the young Massachusetts senator’s liberal policies, especially his support for civil rights for Black Americans.

If these electors had succeeded, segregationist Democratic Sen. Harry Byrd of Virginia would have been elected president. His vice president would have been Republican Sen. Barry Goldwater of Arizona. Both men had nothing to do with the idea.

On Monday, the electoral college will meet to ratify the victory of Democrat Joe Biden over President Trump, who has refused to concede. Some Trump backers are pressing states to release electors pledged for Biden. At least 33 states prohibit such “faithless” electors, and most other states void switched votes.

The 1960 presidential election set off a political storm, much like this year’s contest. Kennedy wound up winning by only about 113,000 votes out of 69 million cast.

Republicans suspected voter fraud in 11 states and filed suit in two of them, Texas and Illinois, which Kennedy won by fewer than 9,000 votes. The suit in Illinois charged that the Democratic stronghold of Cook County had dug up Kennedy voters from the cemeteries of Chicago.

Judges threw out both suits. So the action moved to the electoral college. Nixon took no part in the vote challenges and told a reporter that “our country cannot afford the agony of a constitutional crisis.”

Immediately after the 1960 election, electors from Alabama and Mississippi agreed not to cast their votes for Kennedy, who had won both states. All of Mississippi’s eight electors and six of Alabama’s 11 electors were unpledged. The electors lobbied their counterparts in the electoral college to follow their lead.
Organizers of the movement came up with a three-point “Plan To Give the South a Partial Vote in the Affairs of the Nation.”

Plan A was for electors from 11 southern states to use their clout to persuade Kennedy to stop U.S. aid to Communist countries and to support “states’ rights,” a code for resisting racial integration.

If Kennedy refused, the electors would move to Plan B: a resolution calling for “reversing the position of candidates” in the election. That is, Vice President-elect Lyndon B. Johnson of Texas would be president, and Kennedy would be vice president.
Of the 700 attempts to fix or abolish the electoral college, this one nearly succeeded

Finally, there was Plan C: Republican electors from all 50 states would be invited to meet in Chicago to pick a president from a list of “outstanding southern men.” Among the choices were Byrd, segregationist governors Orval Faubus of Arkansas and Ross Barnett of Mississippi, and Georgia Sen. Richard Russell.
The goal was to have electors elect the president within the electoral college, said Lea Harris, a Democratic lawyer in Alabama. If that failed, as “a last resort” the electors would seek to switch enough votes to keep Kennedy from getting the 269 electoral votes needed for election and throw the race into the House of Representatives.

This had happened twice before in U.S. history. In 1800, the House picked Thomas Jefferson as president over Aaron Burr when the electoral college vote ended in a tie. In 1825, the House chose John Quincy Adams over Andrew Jackson, who had won the popular vote.

Over the years, there have been only about 165 “faithless” electors. This summer, the U.S. Supreme Court upheld the rights of states to reject the votes of such electors.

The rebel southern electors wrote Republican electors urging them to switch their votes from Nixon. Republican Henry Irwin of Oklahoma, a pledged Nixon elector opposed to what he called Kennedy’s “socialist-labor” views, was receptive. It soon “became apparent to a shrewd observer that a possibility existed to deny the presidency to Kennedy,” he said later.

Irwin sent telegrams to 218 Republican electors urging them to switch from Nixon to Byrd. He also wrote all the GOP state chairmen. He got about 40 replies, but no commitments. “Feel obligated to Nixon,” one Kansas elector responded.

Oklahoma’s Republican Party chairman blasted Irwin’s scheme. “He apparently feels his opinion is superior to the judgment of one-half million Oklahoma voters who chose Richard Nixon,” the chairman said.

The rebellion spread in the South. Mississippi Gov. Barnett wrote electors in southern states urging them to cast their votes for Byrd and Goldwater. In Alabama, the Mobile Press declared in an editorial that “Southerners deeply concerned over racial mixing should lift their voices in an appeal to all their presidential electors.”

Efforts to release electors to vote for whomever they wished sprung up in Texas, Louisiana, Georgia, Virginia and South Carolina. “This had been a real threat,” JFK biographer Theodore Sorensen wrote later.
Two weeks before the electoral college vote, organizer Harris predicted that Kennedy wouldn’t receive enough votes to be elected. The White Citizens Council newspaper in Mississippi assured its readers that a southerner would win the presidency.

The rebel yells of revolt ended in a whimper, however. No part of the southern “plan” was ever carried out. Most electors felt morally obligated to cast their votes based on their state’s election results.

One South Carolina elector for Kennedy said he ignored numerous “crackpot” requests to change his vote, including an offer from the “Flying Tigers Rights Party” to give him stock in a company in the Philippines.
Kennedy won 303 electoral college votes to Nixon’s 219. Byrd got only 15 votes, one from Oklahoma’s Irwin and 14 from the Alabama and Mississippi electors. All 14 electors voted for South Carolina Democratic Sen. Strom Thurmond for vice president.

After the overwhelming defeat, the Alabama electors complained that Southerners could have controlled the election, but “their sycophantic political leaders failed them miserably.”

Ironically, as vice president, it fell to Nixon to announce the electoral college vote and his own defeat in early January in the House chamber. After starting alphabetically with the first votes from Alabama for Byrd, Nixon dryly remarked, “The gentleman from Virginia is now in the lead.”

Later that year, the Senate conducted hearings into proposals to revamp the electoral college. The system needed to be “brought out of the horse and buggy era and into the jet age,” said Sen. Mike Mansfield (D-Montana).
Sixty years later, the horse and buggy version is still up and running.
 

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Growing number of GOP lawmakers back Electoral College challenge


A growing number of House Republicans say they will challenge the results of the 2020 presidential election when Congress meets to certify the Electoral College results on Jan. 6, 2021.

The latest Republican to say he will do so is Rep.-elect Madison Cawthorn (N.C.), who will be a part of the House when it convenes in early January.

He implored other Republicans to also challenge the results in a video message.

"I have a message for all other Republicans across the country," Cawthorn said. "If you are not on the record calling for fair, free and just elections now and in the future, I will come to your district and I will fund a primary opponent against you."​

There is no evidence the results of the last election showing President-elect Joe Biden defeating President Trump by more than 70 electoral votes and more than 7 million votes overall was unfair, and efforts by Trump and his allies to reverse the outcome have gone nowhere in the courts.


 

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POLITICS
Congress' Role In Election Results: Here's What Happens Jan. 6

December 22, 20201:17 PM ET
BRIAN NAYLOR
Twitter
ap_17006709698940_wide-bcc51f11ecc4cd519593dda07369032f72dca5bd-s1500-c85.jpg


Then-Vice President Joe Biden presides over a joint session of Congress in January 2017 to name Donald Trump formally as president-elect.
Cliff Owen/AP

As President Trump continues to claim falsely that he, and not Joe Biden, won the Nov. 3 presidential election, the next date that looms on the electoral calendar is Jan. 6. That's when Congress meets in a joint session to count formally the votes of the Electoral College.

The states have already counted their own electors, and Biden won with 306 to 232 for Trump. Now it's up to Congress to count the votes as submitted by the states. Here's a look at how the process is expected to play out:

1. A session, presided over by the Vice President
At 1 p.m. lawmakers from the House and Senate will assemble in the House chamber, with Vice President Pence presiding in his role as president of the Senate.


He will then begin to open the sealed certificates submitted by each state and hand them to tellers appointed from among the House and Senate members to read.

In some recent elections, the count was expedited, and the entire process was over in less than half an hour. But if there are objections to any of the state's certificates, it could take much longer.
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2. What happens if there are objections, and will there be?

It seems all but certain there will be objections from House members to the certificates from some states that Biden won but where Trump and some of his supporters baselessly charge the vote was "rigged."

After a meeting Monday with Trump, Rep. Jody Hice, R-Ga., tweeted that he would be lodging an objection to Georgia's electors, falsely claiming, "The courts refuse to hear the President's legal case."​




In reality, courts in several states have heard Trump's claims and have rejected them.

A key thing to remember is that a member from the House and the Senate must lodge an objection, in writing, for it to be considered. It's not entirely clear if any senators will choose to do so, although newly elected Sen. Tommy Tuberville of Alabama indicated he would. But Senate Majority Leader Mitch McConnell, R-Ky., has reportedly urged Republicans not to object. Objecting would put Republicans in the awkward position of supporting a challenge that is all but certain to fail.

If a senator does go along with a challenge, then the House and Senate retire to their own chambers, for a period of "not more than two hours," according to the Congressional Research Service, and members get up to five minutes to speak in favor or against the objection.

Then each chamber will vote, with a simple majority required to uphold the objection. Both chambers must agree to the objection for it to succeed.



3. Has this been tried before?

As recently as 2005, two Democrats — Rep. Stephanie Tubbs and Sen. Barbara Boxer — objected to Ohio's electors, believing there were irregularities in that state's presidential election. The House and Senate each rejected the objection, and the joint session resumed, counting Ohio's electors.

In 2017, with Biden, then the vice president, presiding, several Democrats rose to object to Trump's election. None, however, had submitted their objections in writing, and Biden gaveled them down, later declaring, "It's over."


4. Will it work this time?

It would seem all but certain any attempted challenges to any of the states' electors will fail, simply because Democrats hold the House majority and would not vote to overturn any of Democrat Biden's electors.

Control of the Senate currently hangs on Georgia's two special elections on Jan. 5, but even if the Democrats win those races, the Senate would be 50-50 and Pence would cast the tiebreaking vote.



Either way, it remains unclear how many Senate Republicans would vote to uphold a challenge. Sen. John Thune, R-S.D., colorfully, if a bit disturbingly, gave his assessment of that likelihood, telling reporters Monday that "it's just not going anywhere. It's going down like a shot dog."

Thune's remarks appear to have caught Trump's attention. On Tuesday evening the president blasted the senator on Twitter, writing: "South Dakota doesn't like weakness. He will be primaried in 2022, political career over!!!"

For some Republicans, the spectacle, and a show of unyielding support to Trump and the GOP base may be as important as the ultimate results. And if they lodge enough objections, the proceedings could go on for a while, even if the outcome is preordained.


 
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