Giuliani Warns Against Legislatures Certifying ‘False Election’

November 30, 2020 Updated: November 30, 2020

Legislatures in states that saw fraud this month should be careful not to certify a “false election,” President Donald Trump lawyer Rudy Giuliani said Sunday.

Citing witnesses who have attested to seeing Republican poll observers blocked from properly watching ballots be counted in cities like Philadelphia and Detroit, Giuliani asserted ballots were counted for Democratic presidential nominee Joe Biden multiple times but for Trump just once.

“You in essence have two different elections. One for Biden, where he can get four times the vote, and one for Trump, where he’s limited to the actual vote that he got. Seems to me the state legislature can’t live with that. They’d be certifying a false election,” Giuliani said on WABC 770 AM.

Trump’s campaign has gathered approximately 250 affidavits in Pennsylvania and 200 in Michigan relating to election irregularities but has struggled to win over judges, who have repeatedly ruled against them. Some lower court judges have sided with the campaign but are usually overruled by the state Supreme Courts, and the U.S. Supreme Court has yet to take up election-related legal battles.

That leaves the second prong of the campaign’s approach: state legislatures.

“There’s no question the legislature has a role. The Constitution of the United States, Article II, section 1, clause 2, says that the presidential election shall be conducted by the state legislature—not the governor, not the commissioner of elections, not the crooked political officials in Philadelphia—but by the state legislature,” Giuliani said.

“Now, they’ve delegated that. But when fraud is going on, they have a perfect right to rescind that delegation. They didn’t delegate it to be conducted fraudulently. They delegated it to be conducted honestly.”

Election workers count ballots
Election workers count ballots in Philadelphia, Pa., on Nov. 4, 2020. (Spencer Platt/Getty Images)

Twenty-six Pennsylvania lawmakers announced on Friday that they’re planning to introduce a resolution to dispute the election results, citing “documented irregularities and improprieties associated with mail-in balloting, pre-canvassing, and canvassing.” Trump’s campaign is trying to convince lawmakers in Arizona and other contested battleground states to launch similar efforts.

Giuliani asserted the worst fraud took place in Pennsylvania and Michigan, with over 680,000 mail-in ballots that were cast without any inspection by Republicans. Evidence suggests election workers were counting ballots for Biden four or five times, which would have tilted the election toward him, the lawyer added.

Top officials in the battleground states have challenged claims of fraud.

Michigan Secretary of State Jocelyn Benson, a Democrat, said earlier this month that the state’s election “was secure, transparent, and the results are an accurate reflection of the will of the people.” Allegations otherwise are “misinformation,” she added.

Pennsylvania Gov. Tom Wolf, a Democrat, said last week that local and state election officials “worked tirelessly to ensure Pennsylvania had a free, fair, and accurate process that reflects the will of the voters.”

Arizona Secretary of State Katie Hobbs, a Democrat, said recently that election officials there “ran this election and counted the votes in accordance with Arizona law.”

Follow Zachary on Twitter: @zackstieber