Fellow Fox News host Mark Levin told network colleague Sean Hannity Tuesday that Democrats relied on “non-legislature officers” in key battleground states, going around GOP-controlled legislatures to implement unconstitutional voting rule changes ahead of the November elections.
Levin began by saying he believes the 2020 election, which is being contested by several states who sent competing slates of electors, is “worse than” the 1876 election, which was also highly contested before Rutherford B. Hayes was named president by a panel consisting of lawmakers and Supreme Court justices.
He explained that only state legislatures, per the Constitution’s Article II, are authorized to make and change election laws, but that Democratic Party operatives and attorneys circumvented that requirement in key battleground states in the weeks and months ahead of the Nov. 3 election by appealing to state courts and executive-branch officials to get certain voting rules changed.
“So what they did is they went into these states, all four of which have Republican legislatures, and they had to figure out how to get around those legislatures because of the Constitution,” said Levin, host of Life, Liberty, and Levin on Fox.
“In … Pennsylvania, which has [a] Democrat governor, Democrat secretary of state, Democrat majorities of justices on the state Supreme Court, they used all of these non-legislature officers to change the laws in Pennsylvania to assist the Democrats,” he said. “So the legislature was cut out.”
He went on to say that “similar things” happened in additional battleground states including Georgia, which is completely controlled by Republicans. In the case of the Peach State, however, Levin said Democrats “went after the signature requirements” for mailing ballots.
Via a consent decree issued by Secretary of State Brad Raffensperger in response to a lawsuit, “They watered…down [the requirement] to the point where they really don’t work anymore.”
That decree, along with additional changes made in Michigan, Pennsylvania, and Wisconsin, among other states, were all unconstitutional, Levin maintained.
Holding up a copy of a book containing notes James Madison made during the constitutional convention debates of 1787, Levin said the founders explicitly gave authority to state legislatures rather than executives or courts to choose presidential electors.
“Yet in all four of those states,” he explained, “the executives and the judiciary had more impact and more input into the election laws leading up to this election than the state legislatures did.
“They were utterly cut out, so here we have a problem. We have a constitutional crisis that nobody wants to talk about,” Levin continued, adding that elections in at least those four states were unconstitutional because of the pre-election changes made by unauthorized entities.
That, he said, led to the eventual certification of tainted and “unconstitutional” sets of electors — in this case, for Democrat Joe Biden.
“So now, what do we do? So these electors have been certified…who certified them? The very…officials who changed the laws in the first place,” Levin said. “Now we get to the joint session of Congress, which is also provided for in the Constitution, and we have, other than Ted Cruz and his group, Josh Hawley, gutless, feckless Republicans who are telling you, ‘Under the 12th Amendment we shall count the votes, I have no choice, I have to count the votes.’
“Really?” Levin asked. “Let me be utterly clear about this. The framers of the Constitution weren’t stupid. The framers of the 12th Amendment weren’t stupid. Do you think for a minute they would say that Congress should count votes that are unconstitutional? They assumed that the votes would be lawful. They assumed that the states would follow the legislative process that they put in the Constitution.”
Levin went on to predict that Republicans will be unable to compete in future elections because laws will be changed, likely at the federal level, to solidify those made during the current cycle.
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