Vote Russ Diamond for State Representative

Cheating the Presidential Election

December 26, 2020

Back in school when we were taking tests, if you got caught cheating you were in big trouble. The teacher didn't take any time to try to sort out which answers you got correct naturally, or which ones you cheated on to get right. If you got caught cheating, your grade was a big fat ZERO. End of story.

It didn't matter if your method of cheating was copying from your neighbor or pilfering the answer sheet from the back of the teacher's edition of the textbook. Cheating, in any form, got your entire test disqualified. Your grade for that test was ZERO, just like the grade you'd get if you failed to take the test at all.

Not only were you sentenced to utterly and completely failing that particular test, your parents were notified and you were given a week or two of detention, suspension, or worse. The ZERO grade alone was not sufficient punishment. Why not? Because the proper reaction to cheating is not only to disqualify any naturally occurring correct answers on the test, but also to discourage cheating in the future.

A wholesale, rather than retail, cheating scheme...

Now imagine yourself as the teacher in a classroom where cheating has occurred. Let's say there are 30 students in your class. Handing out the test personally to each individual student is time-consuming, so you save time by picking a handful of trusted students, one from each of the six rows of five desks in your classroom, to assist in passing out tests to the other students in their row.

What happens if these six "row captains," while passing out the tests, decide to tell the students in their respective rows that they CAN copy off their neighbor, can use a pilfered answer sheet, or can use Google to look up the answers? This would run directly counter to your longstanding classroom rules for tests stating that each student is to answer the questions from their own knowledge, without any outside assistance.

What would you do upon discovering this plot by your six row captains? This is no longer a retail cheating scheme by a singular student, but a wider and more troubling wholesale cheating scheme, which is much more concerning and difficult to sort out.

You have no way to determine which students actually stuck to the traditional classroom rules for taking tests, nor which ones acted on the underhanded and bogus advice of their row captain to use outside assistance to complete the test.

It's hard to blame every student who listened to their row captain. After all, those row captains have been called upon at various times all year to assist you in similar ways in the classroom. The students in their respective rows have come to trust them, because you've put them in a position of trust. But your trust, and that of the students taking the test, has now been broken by the row captains' deceptive plot.

How would you, as the teacher, solve this problem? You know a bunch of students cheated. You know in your heart that some of your students did not come by their correct answers naturally, because you know your students pretty well. But you also know, because you know your students, that some of them have no reason to cheat because the answers have come easy to them all year long and they are not inclined to cheat.

Wholesale cheating in the presidential election...

This is where we're at in Pennsylvania regarding the 2020 General Election for President of the United States of America. The General Assembly is in the role of the teacher. Under our plenary authority granted by the US Constitution and federal law, we've set the rules for voting in a presidential election through the Pennsylvania Election Code. The voters are the students, who completed their tests according to the rules as they understood them.

It is the "row captains," in this case the Department of State – led by a hyper-partisan Democrat – and election officials in certain counties, who told voters that the rules just no longer apply. And they got an assist from hyper-partisan friendlies on the PA Supreme Court and in the Governor's office.

No need to verify signatures on ballot submissions. No need for postmarks. No need to turn in your vote on time. Democratic-dominated counties can "pre-canvass" and "cure" ballot submissions which would normally be rejected. Oh, and you don't have to turn in your votes by mail or by personally delivering them to the courthouse as the law states; we'll just put a bunch of drop boxes all over the place with no security standards so everyone and their brother can drop off their votes (and as many others as they can harvest) unobserved by "watchers" like what happens at a normal polling place. And thanks to Mark Zuckerberg and other rich people with an agenda, those drop boxes will be well-funded, but only in Democratic-dominated areas. Finally, when we count all these mail-in votes, we'll make sure certain "watchers" are so far removed from the process, but still in the room, that no meaningful observation of the verification and count can be had.

This is where we're at in Pennsylvania. What do we do about it?

Constitutional remedies are available...

Luckily, we have the United States Constitution and federal law to guide us to a few possible remedies. We look to these as our guides because the authority for creating law regarding the administration of the election to appoint presidential electors belongs EXCLUSIVELY to state legislatures, and because it is a federal, rather than state, authority. The General Assembly has exercised its plenary authority by enacting the Pennsylvania Election Code. No state court or department can counter the Pennsylvania Election Code as it is applies to a presidential election, because the General Assembly's federal plenary authority supersedes state law in this instance.

3 U.S. Code Section 2 states "Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct." The wholesale cheating scheme outlined above has in fact spawned a failed election, and it needs to be addressed.

The General Assembly can now appoint a new slate of presidential electors because of this failure. We can appoint them at any time. I have already laid the groundwork for this remedy by drafting a joint resolution to this effect. Alternatively, we could also choose to declare that our presidential election in Pennsylvania is in dispute and vote to decertify the presidential election results. Either one of these actions would send a definitive message to Congress to reject the electors purported to have been elected by Pennsylvania's failed presidential election on January 6.

The other constitutional remedy comes into play if Congress or the US Supreme Court weighs the Pennsylvania situation, along with a few other states, and deems the nationwide election results to be so unreliable that a contingent election needs to be conducted. In a contingent election, the US House of Representatives would elect the President, while the US Senate would elect the Vice President. In such a contingent election, each state gets one vote. Two separate contests, with 50 total votes cast in each contest, would determine who our next President and Vice President are. This remedy is spelled out in the 12th Amendment to the U.S. Constitution.

Our forefathers knew extraordinary events might someday interfere and cause uncertainty in the outcome of a presidential election. That day has arrived. It has happened before - in 1800, 1824, and again in 1876. Remedies were built into the U.S. Constitution and federal law for just such occasions. The 2020 presidential election has been besieged by extraordinary events, and extraordinary actions are required to set the record straight so the nation can move ahead.

Cheaters MUST be dealt with...

Cheaters don't get to win. Votes cast as a result of rules broken or bent by others who did not possess the authority to change the rules should not be counted. The difficulties of sorting all that out, however, combined with the timeline for swearing in the next president does not allow us to sift through every last ballot envelope to separate legitimate votes from illegitimate votes. In addition, because the ballots themselves are all anonymous and intermingled, we couldn't match them up to their envelopes to identify which are good and which are bad. The whole batch of votes has been spoiled.

Cheaters not only don't get to win, they get punished and made an example of so that cheating in the future is discouraged. If that doesn't happen in this, the biggest contest of all, we shall forever risk living in a completely lawless society.

Liberty and the American way cannot continue to exist without basic standards of fairness which everyone agrees to and understands. I am committed to doing everything I possibly can to make sure we don't lose our way of life, to right this wrong, and to bring cheaters to justice by denying them a win.
Russ Diamond

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