The Amistad Project of the Thomas More Society, a national public interest law society, has released a report outlining why the only date that matters when it comes to certification of the presidential election is Inauguration Day, Jan. 20.
The paper (8 pages) from the Amistad Project of the Thomas More Society is worth a read.
Per the plain language of our Constitution, only one deadline matters for determining the president: high noon on Jan 20, 2021. https://t.co/8n6coQX2B3
— Steve Cortes (@CortesSteve) December 5, 2020
All other deadlines — the “safe harbor” deadline of December 8, the Electoral College voting on December 14, and even the congressional vote count on January 6 — are dates set by federal law.
— Phillip Kline (@PhillDKline) December 5, 2020
From the white paper:
The only Electoral College deadline specifically required by the Constitution is noon on January20, at which point President Trump’s first term officially ends. All other deadlines — the “safe harbor” deadline of December 8, the Electoral College voting on December 14, and even the congressional vote count on January 6 — are dates set by federal law.1 Moreover, these dates are arbitrary, being based on obsolete and outdated concerns.
The deadlines for the seating of electors and their voting, however, is not necessary for the effective transition of power. As we have established these deadlines were created for the convenience of travel, just as election day was placed uniformly on the first Tuesday after the first Monday in November to allow farmers to complete the fall harvest prior to voting.
Because the laws governing the conduct of elections were flagrantly violated in numerous states during the 2020 presidential election, there can be no determination of presidential Electors pursuant to state law. As such, the Constitution makes clear that the responsibility rests with state legislatures to appoint Electors. This should be done as expeditiously as possible, but the only deadline state lawmakers have an obligation to meet is the one deadline set forth in the Constitution — noon on January 20, 2021.
You can read the informative paper in its entirety here.