A voter’s intent is frustrated when a tabulating machine is subject to manipulation.

Georgia Lt Governor Geoff Duncan (R) says the votes are there for Joe Biden to win Georgia’s State; the Gov was scheduled to appear on the Fox program with Neil Cavuto, but Geoff called into the station instead. Meanwhile. President Trump released a brief Tween claiming there were some major fraud allegations yet to surface in Georgia.

Democrats are claiming that this should be an end to the matter; they maintain that the Trump Administration has had their opportunity in the courts and through recounts and has not gained significant ground; indeed, most Democrats are loudly criticizing the President for not conceding the election.

Faulty Voter Tabulating Machines in the Other States

Most of the points being made by Democrats is double-talk. During the Bush/Gore Presidential race in 2000, the Democrats pushed hard for relief from the Supreme Court in BUSH v. GORE | FindLaw. The election was awarded to Bush, the Republican. The Gore Court was concerned with an object and not voter fraud; however, in the present 2020 election, the suspect computers used to tabulate the vote totals are also objects.

The point is that both deficiencies are apt to frustrate the intent of any given voter.

As in the Gore case, the use of differing sub-standards for determining voter intent in different counties employing similar voting systems raised serious concerns. In the Trump case, different voter tabulating machines in various counties might run afoul of the Equal Protection Clause. This is especially important if the Trump team can show evidence that some machines are defective or manipulable.  

Once a state legislature determines to select electors through a popular vote, the right to have one’s vote counted is of constitutional stature. All ballots that reveal the intent of the voter constitute valid votes. If a voter votes for Trump and the machine does not calculate that vote properly, the voter’s intent has been frustrated, and the system violates the Constitution.

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