Privileged and Confidential - December 6, 2020 Memorandum - Important That All Trump-Pence Electors Vote on December 14

Sep 11, 2026

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Privileged and Confidential memorandum outlining a strategy for the December 14 voting by Trump-Pence electors in six contested states. The memo focuses on why all electors should cast and submit certificates on time, how to frame the December 14 action as a routine measure, and the logistics needed to shape the January 6 joint session outcome. It argues the approach could limit Biden’s path to 270 electoral votes while directing attention to alleged election abuses.

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Important That All Trump-Pence Electors Vote on December 14

Privilp edectors oting oni December 14

2.Messaging about the December 14 vote as routine

# Privileged and Confidential MEMORANDUM James R.Troupis TO: FROM: Kenneth Chesebro December 6,2020 DATE: # Important That All Trump-Pence Electors Vote on December 14 RE: This follows up on my November 18memo(copy here)advocating that unlessthe President and Vice President plan to concede the race if they fail to reach 270electoral votes by December 14,the Trump-Pence electors all should meet in theirrespective States,and cast their votes and send them to Washington,so that thevotes will be physically present at the joint session of Congress on January 6. This memo briefly covers three points:(1)importance of all the electors in allsix contested States voting;(2)messaging about this being a routine measure;and (3)logistics. 1.The Trump-Pence electors in all six contested States must vote I'd be happy to follow up on the subject with a separate memo,if the nationallegal strategists are interested,but I've mulled over how January might play out,and it seems feasible that the Trump campaign can prevent Biden from amassing270 electoral votes on January 6,and force the Members of Congress,the media,and the American people to focus on the substantive evidence of illegal election andcounting activities in the six contested States,provided three things happen: (a)All the Trump-Pence electors meet and vote,in all six contested States,and send in the certificates containing their votes,in compliance with federal andstate statutes,on December 14; (b)There is pending,on January 6,in each of the six States,at least onelawsuit,in either federal or state court,which might plausibly,if allowed to proceedto completion,lead to either Trump winning the State or at least Biden beingdenied the State(of course,ideally by then Trump will have been awarded one ormore of the States);and (c)On January 6,in a solemn and constitutionally defensible manner,consistent with clear indications that this what the Framers of the Constitutionintended and expected,and consistent with precedent from the first 70 years of ournation's history,Vice President Pence,presiding over the joint session,takes theposition that it is his constitutional power and duty,alone,as President of theSenate,to both open and count the votes,and that anything in the Electoral CountAct to the contrary is unconstitutional. ## Privilp edectors oting oni December 14 I’m not necessarily advising this course of action,and the Vice President neednot make a decision on how to proceed until January 6,and obviously there aremany factors that will come to bear on how he proceeds,assuming the race has notbeen conceded before January 6.My point here is that it is important that thealternate slates of electors meet and vote on December 14 if we are to create ascenario under which Biden can be prevented from reaching 270 electoral votes,even if Trump has not managed by then to obtain court decisions(or statelegislative resolutions)invalidating enough results to push Biden below 270. Again,I'd be happy to elaborate further on the January 6 scenario I have inmind,but provided the three conditions above are met,unless I am missingsomething,I believe that what can be achieved on January 6 is not simply to keepBiden below 270 electoral votes.It seems feasible that the vote count can beconducted so that at no point will Trump be behind in the electoral vote countunless and until Biden can obtain a favorable decision from the Supreme Courtupholding the Electoral Count Act as constitutional,or otherwise recognizing thepower of Congress(and not the President of the Senate)to count the votes. Specifically-but only if all six States are still contested,and all six slates ofTrump-Pence electors had voted on December 14-I think the count could bemanaged so that Biden would have to seek Supreme Court review either when he isbehind 12-0 in the electoral count or,at latest,when he is behind 232-227. Even if,in the end,the Supreme Court would likely end up ruling that thepower

FAQs

What core action does the memorandum emphasize for December 14?

It emphasizes that the Trump-Pence electors in all six contested states must meet, vote, and send in their certificates on December 14 in compliance with federal and state statutes.

Which three main points does the memo say it covers?

It covers the importance of all electors voting in the six contested states, messaging the December 14 vote as a routine measure, and the logistics of carrying out the plan.

How does the memo propose to handle messaging about the December 14 vote?

It suggests presenting the December 14 action as a routine measure so that, if courts or state legislatures later determine the state’s winner differently, the correct electoral slate can still be counted in Congress in January.

Sep 11, 2026

Upload by Rhys