Why Brian Kemp won’t call a special session of the legislature

December 6, 2020
1 min read
Why Brian Kemp won't call a special session of the legislature

In the wake of Joe Biden’s win over Donald Trump in Georgia, Trump and his supporters have called on Georgia Gov. Brian Kemp to call a special session of the state legislature for the purpose of appointing a new slate of electors to vote for Trump in the Electoral College.

Today, Brian Kemp — along with Lieutenant Gov. Geoff Duncan — made clear the reason they would not call the legislature into such a session.

The short answer is: it would be unconstitutional according to the state constitution to gavel the legislature into session to appoint a different set of electors than the voters have chosen.

Below is the statement from Kemp and Duncan in its entirety.

“While we understand four members of the Georgia Senate are requesting the convening of a special session of the General Assembly, doing this in order to select a separate slate of presidential electors is not an option that is allowed under state or federal law.

“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.

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

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