Monday, December 21, 2020

In Deciding The 2020 Election, Congress Will Get The Last Word

The Procedure The Electoral Count Act provides that after the electors in each state and the District of Columbia vote on Dec. 14, they must sign a certificate of their votes that is then sealed and sent to the president of the Senate.

The chambers must vote separately on each objection.

If a majority in each supports the objection, the votes in question are excluded.

If the objection garners the support of less than a majority in either chamber, it fails, and the challenged votes are counted.

Historical Precedent While objections to electoral votes are infrequent, they are not unprecedented.

According to John Tyler Morgan, a Democratic senator in the Congress that passed the Electoral Count Act in 1887, Congress not only has the power to "Vote down the voice of the State's electors," but once they do, "The power to revoke" that decision "Passes beyond human control." If enough electoral votes are eliminated to prevent either candidate from obtaining a majority, the "Contingent election" provision of the 12th Amendment would kick in, leaving the House of Representatives to choose the president - something that has occurred just once before, in 1825.

In "Federalist 68," Alexander Hamilton urged us to place "Every practicable obstacle" against "Cabal and corruption," which are the "Most deadly adversaries of republican government." On Jan. 6, Congress can do so: It can strike the electoral votes from states where the contests were irredeemably compromised by fraud, illegal voting, and unconstitutionality.

https://thefederalist.com/2020/12/21/in-deciding-the-2020-election-congress-will-get-the-last-word/ 

No comments: