“Explainer: What’s Behind Efforts to Decertify 2020 Election?”

Scott Bauer’s Associated Press article addresses whether decertification of the 2020 election is possible.  Recently, the Wisconsin Supreme Court ruled that absentee drop boxes are illegal.  Former President Trump and his allies argue that this 4-3 decision renders any ballots cast in Wisconsin drop boxes during the 2020 presidential election–but not other elections–invalid.  Republican politicians in states like Arizona and Georgia are also calling for decertification.  Rick Hasen responded:

“The court ruling does not apply retroactively, and even if it somehow did, there is no mechanism in the Constitution for decertifying an election after Electoral College ballots have been certified, he said.

‘The whole theory is ludicrous,’ Hasen said.  ‘Even accepting the idea that the use of most drop boxes was illegal in 2020, that would do nothing to call into question the validity of the votes that were cast through drop boxes.  There’s been no indication whatsoever that drop boxes were used to facilitate any amount of fraud.'”

Ned Foley further noted, The presidential election is the one where it’s most clear that decertification is impossible[.] . . .  Once a president is inaugurated, impeachment is the only way to remove the incumbent president from office.'”

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