Georgia’s Governor Brian Kemp and Lt Governor Geoff Duncan are refusing to convene a special session of the State’s General Assembly for the purpose of generating a legislative slate of Presidential electors in lieu of that nominally generated by the Georgia voters and an unknown number of illegitimate voters. Kemp and Duncan are grasping at straws, too, for their rational.
While we understand four members of the Georgia Senate are requesting the convening of a special session of the General Assembly, doing this in order to select a separate slate of presidential electors is not an option that is allowed under state or federal law.
This is where Kemp and Duncan are mistaken under the supreme Law of the Land, our Constitution. Here’s Art II, Sect 1:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress….
The General Assembly is well within Constitutional bounds to pick its own set of Electors. Furthermore, the State being the sole selector of Electors, there then can be no conflicting slates of Electors for a sitting Vice President to choose between. The selections are who the State says it is, whether is specifies those selected by the voters or those selected by the General Assembly.
The matter of such an act being contrary to State law is purely a non sequitur. States are allowed to change their laws; none of them are written in adamantine once enacted.
The political cost of the General Assembly appointing its own lot of Electors is a separate matter.