That “Little Secret” Between Trump and Johnson? Here’s What It Could Mean.
The article suggests that Trump and House Speaker Mike Johnson's "secret plan" likely involves a strategy to manipulate the Electoral College certification process by having Republican-controlled states delay or refuse to certify election results, potentially allowing Trump to claim victory with fewer than the traditional 270 electoral votes needed.
To understand how this could work, you have to understand the 12th Amendment of the Constitution. Here’s the key language: “The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote[.]”
I don’t think the Republican plan even requires them to get to a contingent election where the House chooses the president. I think the plan is to steal the Electoral College outright by getting states Trump loses to refuse to certify the results of their election. That’s because the 12th Amendment provides that the president is the person who wins the majority of the “whole number of Electors appointed.” That “whole number” is supposed to be 538. But one potential reading of the amendment is that Trump doesn’t have to win 270 Electoral College votes but just a majority of however many electors show up. Trump’s goal, I believe, is to decrease the number of electors appointed until he wins.
In 2020, Nancy Pelosi was speaker of the House. If states had tried to get cute and not submit their electors by the December 11 deadline, Pelosi would just have extended the deadline. But Speaker Johnson surely won’t. If electors are not submitted by December 11, he’ll likely declare the process “over” and say that the electors appointed by that date are the only ones allowed to vote for president.
Crucially, Johnson can do this even if Republicans lose the House and Johnson is removed from power. The new House isn’t sworn in until January 3. As the violent MAGA people in your family already know, January 6 is when the House certifies the results of the Electoral College, but that is just a ceremonial day. By the time we get to January 6, the electors are supposed to have voted. December 11 is the deadline for appointing electors, December 25 the deadline for voting. Mike Johnson will still be in charge on both of those days.
November 5 is the last day of our pretend election. The real election starts on December 11, and Republican officials and judges will have to be forced to honor the results of the pretend election for Harris to have any shot of winning the real one.