Transcript reveals Georgia’s pursuit of alternate electors, mirroring JFK-Nixon contest in 1960.
The Georgia Alternate Electors and Their Controversial Challenge
A transcript of the Dec. 14, 2020, meeting of the Georgia alternate electors reveals their intention to challenge the election results, following the advice of President Donald Trump’s legal counsel. They aimed to emulate the actions of then-Vice President Richard Nixon, who challenged the 1960 election results in Hawaii.
Among the alternate electors were David Shafer, former chair of the Georgia Republican Party, and Cathy Latham. These individuals, along with 17 others, were indicted for their role in challenging the 2020 election results in Georgia. The district attorney for Fulton County, Georgia, Fani Willis, described their actions as a “criminal racketeering enterprise” and conspiracy to defraud citizens of their vote. The indictment, spanning 98 pages, named the electors, President Trump, the attorneys who advised the president and electors, and others who spoke to election witnesses during the vote challenge. The charges included violating the state’s Racketeer Influence and Corrupt Organizations (RICO) Act, along with 40 other charges.
“We’re going to conduct this in accordance with the Constitution of the United States, so we’re going to conduct the electorate today similar to what happened in 1960 in Hawaii,” said Ray Smith, an attorney, in the Dec. 14, 2020, meeting according to transcripts obtained by The Federalist.
The charges against the alternate electors, mirroring JFK-Nixon contest in 1960.”>alternate electors include allegedly impersonating public officers, claiming that they had not legitimately held the contingent elector roles. Mr. Shafer argued, in his notice to remove his case to federal court, that he had called the Dec. 14, 2020 meeting to cast the votes in accordance with the legal requirements for alternate electors. He sought counsel from the president’s legal team, who explained these requirements to the alternate electors. The transcript, in possession of Mr. Willis, supports this claim.
“We’re conducting this because the contest of the election in Georgia is ongoing. And so we continue to contest the election of the electors in Georgia,” Mr. Smith said after Mr. Shafer introduced him at the meeting.
On Dec. 4, 2020, President Trump filed a lawsuit against Georgia Secretary of State Brad Raffensberger, alleging tens of thousands of illegal votes. A recount was conducted, resulting in Joe Biden’s 11,779-vote lead in the state, securing Georgia’s 16 electoral votes for him on Dec. 14, 2020.
President Trump’s legal challenge was still pending in court as the deadline approached. To continue the challenge beyond Dec. 14, 2020, two sets of electoral ballots needed to be cast.
“The President has filed a contest to the certified returns. That contest is pending,” Mr. Shafer stated at the meeting. “It’s not been decided or even heard by any judge with the authority to hear it. And so in order to preserve his rights, it’s important that the Republican nominees for Presidential Elector meet here today and cast their votes.”
Emulating the 1960 Procedures
In 1960, Democrat John F. Kennedy won Hawaii by a narrow margin of just 115 votes. Both Democrat and Republican officials sought a recount, which ultimately gave Republican Richard Nixon a 141-vote lead.
The election result was challenged and pending in court as the deadline to cast the electoral votes approached. Consequently, on Dec. 19, the deadline, both the official Republican slate of electors and the contingent Democrat slate of electors cast their votes.
On Jan. 6, 1961, then-Vice President Nixon presented both sets of electoral votes and certified his own loss.
“In order not to delay the further count of th
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