This article has been updated with new details.

A Republican from Maryland, who leads a conservative group in Congress, suggested that North Carolina’s legislature should consider giving Electoral College votes to former President Donald Trump before the votes of the people are counted, as reported by Politico.

Rep. Andy Harris, the head of the Freedom Caucus, made these remarks during a dinner on Thursday, stating that this idea is logical due to the ongoing impact of Hurricane Helene on the western rural areas of the state where Trump has significant support.

“Statistically, you can argue that in 25 counties, people were disenfranchised. You can estimate what that vote might have been,” Harris mentioned in a Twitter video. “If I were part of the legislature, I would see this as a reason to convene. We cannot disenfranchise voters.”

In a statement, Harris clarified: “What was discussed yesterday was taken out of context. I have consistently said every legal vote must count. Voting procedures are progressing well in western North Carolina.”

Earlier this month, North Carolina’s State Board of Elections voted unanimously, regardless of party lines, to implement emergency measures aimed at facilitating voting for Hurricane Helene’s victims in 13 counties.

“These initiatives are intended to help those affected by Helene participate in the upcoming election and provide election officials in severely impacted areas with essential tools for conducting a secure election under challenging circumstances,” said Karen Brinson Bell, the board’s executive director.

Considered ‘Extremely Antidemocratic’

North Carolina holds significant importance as a swing state with 16 electoral votes that could influence the outcome of the presidential election. Current state polls from FiveThirtyEight show Trump leading Vice President Kamala Harris by a margin of 1 to 2 percentage points in North Carolina.

“It’s remarkably antidemocratic to deprive people of their right to vote for president,” commented Justin Levitt, a Loyola Law School professor who previously worked for the Department of Justice under Barack Obama and served as a voting rights advisor for Joe Biden. “This appears to be a reaction driven by fear rather than a genuine effort to let the electorate voice their opinions.”

Levitt explained that for a state legislature to allocate electoral votes without voter input, a new law would need to be passed and signed by the governor. He added that it is improbable that a majority of North Carolina lawmakers would back such a move, given the Republican supermajorities in both legislative houses and a Democratic governor.

According to the federal Electoral Count Reform Act, any amendments to election laws must be enacted before Election Day to be valid. It’s also worth noting that early voting in North Carolina commenced a week ago.

“This idea raises significant constitutional questions,” Levitt stated. “And it’s highly unlikely to be implemented.”

Harris addressed the issue during a Friday press conference, saying, “Americans deserve leaders who honor the core principle of our democracy, which is upholding the integrity of free and fair elections, and preventing manipulation by politicians for their personal gain or strategies.”

Process for Awarding North Carolina’s Electoral Votes

In North Carolina, after the election concludes, the State Board of Elections conducts a review (canvass) and then issues an election certificate. Subsequently, the secretary of state informs the governor of which party’s electors—Republican or Democrat—are determined by voter choice.

“If I received a request to switch electors, I would refuse,” Secretary of State Elaine Marshall informed YSL News previously. “There is no basis for that, and it simply won’t occur under my oversight.”

After receiving this notification from the secretary of state, Governor Roy Cooper, a Democrat, will be tasked with preparing certificates of ascertainment that announce the victor of the presidential election.

Afterward, the secretary of state will assemble the Electoral College to cast their votes on December 17, facilitating the counting of electoral votes by the new Congress on January 6.