If you’ve followed my posts at all you know that my first novel, Faithless Elector is a thriller about stealing the presidency by manipulating the Electoral College—something that seemed crazily far-fetched to most of the agents I pitched it to years ago. Faithless Elector asks, “what if a group of conspirators wanted to steal a close election by getting a small number Electors to switch their votes—to vote as Faithless Electors—and overturn the result?” What would it take? How might it be done?
What doesn’t get as much attention (what middle child ever does?) is the second book in the Imogen Trager trilogy, Dark Network, which focuses on sub rosa politicking (and murder!) in the lead-up to certifying the votes, and a subsequent Contingency Election.
These thrillers, which include this year’s Emergency Powers, aren’t screeds for or against one party, but unblinking examinations of what could go wrong, about how the systems we the people rely upon to protect the process can also be the very thing that gets exploited–and what a fearless, driven group of investigators might have to do to protect the rule of law.
Today (Dec. 14) is the “the first Monday after the second Wednesday in December,” the day provided for in the Constitution, when the Electors meet for the real presidential election. No one expects there to be the kind of faithless voting that took place four years ago when ten (10!) Electors cast their ballots as Faithless Electors. But it’s the second book, Dark Network, that may prove more prophetic because it deals with the aftermath of Electoral voting: Electoral votes must be certified by Congress.
If enough votes are challenged and rejected, and neither candidate has an Electoral College majority (270 or better), the vote for president goes to the House, where each state has but one vote. The Senate votes separately for VP.
The separate Senate and House votes could even mean that the president and vice president are of different parties. But what Dark Network examines, underneath its thriller veneer, is the lengths a group of bad actors might go to in order to undermine faith in the process, to undermine the legitimacy of the vote.
Voting, and faith in its legitimacy, is the blunt tool by which we hold our government accountable. “Without law, there’s only power,” is the tagline from Dark Network. But what about when law protects the powerful?
As this Lawyers, Guns and Money blogpost makes clear, as does my earlier Murder is Everywhere post about the patchwork nature of Electoral rules, each stop on the way to certification and inauguration adds layer upon layer of uncertainty—and potential for mischief—to the process. And while the Supreme Court, hoping to avoid the kind of chaos that would indeed undermine faith in the process, ruled in July that states may make laws binding Electors to their pledge, the ruling only permits those laws. 32 states have no such law.
House members are already agitating to challenge various states’ Electoral votes when Congress meets on January 6. Will they be able to throw out enough Electoral votes to change the anticipated outcome? Probably not. A Senator would have to sign on to the challenge(s), and a majority of both houses would then have to vote in favor of the challenge (throwing out the votes!).
But overturning the result at this stage may not be the goal.
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James McCrone is the author of the Imogen Trager political suspense-thrillers Faithless Elector and Dark Network , about a stolen presidency, a conspiracy, and a nation on edge.
The third book, Emergency Powers, is available NOW!
All books are available on BookShop.org, IndyBound.org, Barnes & Noble, and Amazon. eBooks are available in multiple formats including Apple, Kobo, Nook and Kindle.
He’s at work on a fourth thriller, set in Scotland.
A Seattle native (mostly), he now lives in South Philadelphia with his wife and three children.
James is a member of the The Mystery Writers of America, Int’l Assoc. of Crime Writers, Int’l Thriller Writers, Philadelphia Dramatists Center and the Sisters in Crime network. James has an MFA from the University of Washington in Seattle.