Kemp: Special session to select new electors “not an option” under state, federal law

Gov. Brian Kemp and Lt. Gov. Geoff Duncan released a joint statement Sunday night denying the request for a special session to select new electors.

President Donald Trump’s campaign has argued that the Georgia legislature should overturn the state’s election results, which certified that Joe Biden won, and select their own electors.

Four state senators also requested a special session over the electors.

But the state’s top leaders said convening a special session to select a separate slate of presidential electors is “not an option that is allowed under state or federal law.”

[SPECIAL SECTION: Election 2020]

“State law is clear: the legislature could only direct an alternative method for choosing presidential electors if the election was not able to be held on the date set by federal law. In the 1960s, the General Assembly decided that Georgia’s presidential electors will be determined by the winner of the state’s popular vote. Any attempt by the legislature to retroactively change that process for the November 3rd election would be unconstitutional and immediately enjoined by the courts, resulting in a long legal dispute and no short-term resolution,” Kemp and Duncan said in a statement.

“The judicial system remains the only viable - and quickest - option in disputing the results of the November 3rd election in Georgia.”

On Saturday, the Associated Press reported that Trump called Kemp to press him on overturning the election results, which the governor refused. The call was independently confirmed to Channel 2 Action News by Kemp’s office.

Trump tweeted again Sunday unproved allegations of widespread voter fraud in Georgia, blaming Kemp and Duncan.

“Has anyone informed the so-called (says he has no power to do anything!) Governor @BrianKempGA & his puppet Lt. Governor @GeoffDuncanGA, that they could easily solve this mess, & WIN. Signature verification & call a Special Session. So easy!”


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