Thomas Paine: American Philosopher, & Revolutionary
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GOP Electors in seven battleground states have been targeted by the Jan 6 Committee for submitting false slates of electors in dispute of the certified slates presented to Congress.
The U. S. House Select Committee to Investigate the January 6th Attack on the United States Capitol began hearing testimony on July 27th 2021 and by the end of the year, had interviewed over 300 witnesses. They now have a much broader criminal conspiracy in their sights. They are alleging that the Trump team orchestrated a massive scheme to coerce all seven battleground states to submit alternate certificates, file lawsuits, and have Vice President Mike Pence not accept the Biden slates on January 6th, then follow that with a planned insurrection if all else failed.
Of course if all of that were true, there should be consequences and legislation should be introduced to amend the statutes in an effort to eliminate that possibility from happening again. But are those allegations true, or was the Trump team simply following a completely legal precedent set by presidential candidate John F. Kennedy in 1960?
On December 14th 2020, as 20 “prominent Democrats” gathered in Harrisburg Pennsylvania with then Secretary of State, Kathy Boockvar, to certify that Joe Biden had defeated Trump by about 80,000 votes, 20 Republicans were meeting at another location to sign alternate certificates for submittal to the National Archives and Congress, as required by law. The Republicans called their conditional maneuver a “procedural vote”, claiming they were cast just in case a court ruling overturned Biden’s victory. GOP State Chairman Bernie Comfort stated, “We took this procedural vote to preserve any legal claims that may be presented going forward. This was in no way an effort to usurp or contest the will of the Pennsylvania voters.” 
Is that maneuver legal, or does it represent fraud, or forgery, as the January 6th Committee alleges?
From the verbatim excerpt of a Politico article , it’s obvious that the Trump legal team felt confident in the legality of submitting what some states said were conditional slates of electors, to wit:
“Republicans at the time emphasized that their decision to hold unsanctioned elector votes had a precedent. In 1960, three Democratic electors from Hawaii met to cast votes for John F. Kennedy, even though the election results showed that Richard Nixon had narrowly prevailed in the state. With a recount underway, those pro-Kennedy electors met to cast their votes anyway and submitted those results to Congress and the National Archives, the clearinghouse for elector certificates.
Hawaii’s recount ultimately reversed the outcome, showing Kennedy had won by fewer than 200 votes, and the state’s governor then certified the Democratic slate as well. On Jan. 6, 1961, the Democratic electors were the ones counted by Congress, with Nixon, then vice president, presiding.”
In the Hawaii case, a recount had narrowly overturned the results in Kennedy’s favor in time for the Governor to certify the Democrat slate, but those differences are not relevant because there were limited recounts in 2020 and Trump had pending lawsuits. The legal basis established in the Kennedy case, was similar in that the opposing party submitted alternate slates of electors pending some future decision.
Of the seven contested battleground states (AZ, GA, MI, NV, NC, PA, and WI), only Georgia performed a statewide recount, and Wisconsin recounted votes in two counties. None of the recount efforts produced any significant results that would have overturned the electoral votes. Trump filed six lawsuits in Pennsylvania, challenging the vote counting process, primarily due to election laws being unconstitutionally modified without going through the state legislature. All those suits were dismissed, and all of which takes time.
From the same Politico article, Rep. Jamie Raskin (D-MD), member of the January 6th Committee, said, “We want to look at the fraudulent activity that was contained in the preparation of these fake Electoral College certificates.” Apparently, he is either ignorant of the 1960 precedent, or he was misrepresenting the facts, and expects the public to take his word for it.
Referring back to the Philadelphia Inquirer article , the Pennsylvania officials having hedged their maneuver by attaching the caveat that those certificates should only be counted in the event of Trump’s legal victory, seems to have dodged the forgery charge. It would be reasonable to afford the same leniency to the other five states (AZ, GA, MI, NV, and WI) that submitted the alternate certificates, in consideration of the Kennedy precedent.
Food for thought: If the entire legal challenge had been coordinated from the White House, don’t you think that each state would have submitted their alternate slates under the exact same advice? Why was Pennsylvania the only state submitting with the aforementioned caveat? Without any evidence that those states colluded to collectively overturn the election, the entire Democrat conspiracy theory is deflated.
 Philadelphia Inquirer article, dated 13 Jan 2022
 Politico article, dated 21 Jan 2022
 Philadelphia Inquirer article, dated 13 Jan 2022