There Might Be a Challenge to the Electoral Votes on January 6th, Here’s What Could Happen

On December 14th, the Electoral College cast its votes to affirm Joe Biden’s victory in the presidential election. On January 6th, a joint session of Congress will officially count the votes.

If there is a House and Senate member appealing a state’s slate of electors, the Joint Session of Congress is dissolved and the House and Senate meet separately for two hours to debate a contested state’s electoral vote. Each body then votes whether to accept or reject that state’s slate of electoral votes. Then the House and Senate reconvene in the Joint Session.

If Congress determines there’s a stalemate between the senate and the house of representatives, the 12th Amendment directs the House to elect the president.

Some House Republicans are planning on mounting a formal challenge to President-elect Joe Biden’s Electoral College win in at least one but possibly multiple states, Axios and Politico reported Monday.

Politico reported that a number of conservative House Republicans met at the White House along with a number of White House lawyers and Vice President Mike Pence on Monday to discuss their plan to raise an objection to at least one but possibly multiple states’ slates of electors.

The lawmakers present from the houses of representatives included so far:

Rep. Mo Brooks of Alabama

Rep. Andy Biggs of Arizona

Rep. Matt Gaetz of Florida

Rep. Jody Hice and Rep.-elect Marjorie Taylor Greene of Georgia

Rep. Jim Jordan of Ohio

Rep. Scott Perry of Pennsylvania

Rep. Louie Gohmert of Texas

Rep. Lance Gooden of Texas

“The only thing that will get the congressmen and senators to do what is right for our country on this issue of voter fraud and election theft is active participation by American citizens who want honest and accurate elections. Now, can American citizens actively participate? Very simply, they have to call their congressmen and their senators and demand that they support this effort to protect our election system from fraud and illegal conduct,” Rep Mo Brooks told The Epoch Times.

“And the way in which our congressmen and senators do that is by rejecting the Electoral College votes of those states who have such badly flawed election systems as to render the reported election results unreliable and inaccurate.”

As stated above, it would require one member of the U.S. House and one member of the U.S. Senate to have a chance to succeed, with Brooks being the member of the House. It remains unclear who might be the member of the Senate.

In an interview with New York City’s 77WABC, President Donald Trump hinted that challenge could come from U.S. Sen.-elect Tommy Tuberville, who will be sworn in on January 3.

“I spoke to a great gentleman Tommy Tuberville last night, and he’s so excited,” Trump said. “He said you made me the most popular politician in the United States. He said, ‘I can’t believe it.’ He’s great — great senator.”

Senate Majority Leader Mitch McConnell warned fellow GOP senators on Tuesday not to join President Donald Trump’s call to challenge the Electoral College results.

McConnell asked his members not to join Rep. Mo Brooks or any other House members looking to object to the results on January 6th, when Congress meets to certify the Electoral College count.

In 2005, the Democratic party actually succeeded in triggering the mandatory debates, after Rep Stephanie Tubbs Jones, of Ohio, and Senator Barbara Boxer, of California, challenged Ohio’s electoral votes for President Bush because of “numerous and serious election irregularities.” Senator John Kerry, who would go on to lose to Bush, made it clear that he did not support the effort. Neither the House nor the Senate agreed to discard those electoral votes.

It is important to note that a state’s slate of electoral votes is only tossed if BOTH the House and Senate vote to do so. The Democrat controlled House will reject any challenge to the electoral slates. However, there will be a roll call vote to establish how many House Republicans vote in favor of dismissing a given state’s electoral vote.

If the majority of the senate votes to challenge the electoral votes and the majority of the house rejects the challenge, some constitutional scholars believe this could trigger a stalemate, and lead to house delegations electing the next president.

Because several Republican senators, including Mitt Romney, John Cornyn, Lisa Murkowski, Susan Collins, and Ben Sasse, have indicated that they will push back against such efforts, the Senate is highly unlikely to do so.

There are conflicting interpretations of what political scientists call an old “unintelligible” law. Others believe that if this happens the slate of electors that have “been certified by the executive of the State, under the seal thereof” will count, which means that every contested state would be the certified results showing Biden’s win.

On January 6th, Vice President Mike Pence – as president of the Senate – will oversee the process of Congress voting to certify the Electoral College results and will ultimately preside over the potential Republican challenge to the votes in five key swing states. Some political scientists believe that Pence will have outsized power as the president of the senate and could effectively count votes from slates as he so chooses in contested states.

The vice president could choose to simply avoid the issue by skipping the vote entirely. This would leave Pence’s duties up to Senate president pro tempore Sen. Chuck Grassley (R-Iowa), who has acknowledged Biden as the winner of the election.

The president, according to a source who spoke with Trump, feels Pence isn’t fighting hard enough to overturn the election results.

The same source says that a Lincoln Project ad suggesting Pence is ‘backing away’ from Trump has gotten into the president’s head and made him more paranoid about his relationship with the vice president.

According to the Daily Mail, Vice President Mike Pence is expected to leave the country on a week-long world tour, directly after he formally confirms President-elect Joe Biden‘s victory on the House floor on January 6.

Politico also reported  that Pence is eyeing a trip abroad that week that would take him to Bahrain and Israel, though the trip hasn’t been officially confirmed.

‘I suspect the timing is anything but coincidental,’ a Pence ally told Politico.

For Republicans, the best way to have handled this would have been for the republican state legislatures to refuse to certify until the ballots have been forensically audited. Republicans refused to do this, and instead certified the votes despite endless irregularities, and had official slates electors vote for Biden.

This is precisely why many republicans are calling for the complete destruction of the GOP following their perceived consistent betrayals.

Here are just some of the recent occasions the GOP has betrayed their constituents:

  • The GOP helped democrats get a veto proof majority for NDAA.
  • The GOP refused to end section 230 in the NDAA.
  • The GOP passed a bill that will change the names of military bases named after confederate generals, a move to appease Antifa and BLM after months of rioting.
  • The GOP passed a bill that would block President Trump from withdrawing more troops from the middle east.
  • The GOP unanimously passed a visa giveaway bill.
  • The GOP unanimously passed TPS Amnesty For Hong Kong Residents, Expands Definition Of ‘Refugee’.
  • The GOP blocked President Trump on the construction of the border wall when 12 Republican senators voted to terminate trumps National emergency at the border, which led to the funding President Trump requested being delayed.
  • A bloc of Senate Republicans threatened to put up a veto-proof majority to block Trump on tariffs.
  • The GOP blocked President Trump on his attempt to repeal Obamacare.
  • Trump had to hold back certain potential appointees because senate Republicans would threaten to block them, including a nominee to the Federal Reserve board who expressed support for the gold standard, which would tie the dollar to physical gold.
  • Republican state legislatures called President Trump’s challenge to the election a coup.
  • Republican Governors refused to conduct a signature audit.
  • Republican governors and secretary of states refused to call for special session.
  • Republicans certified the election results in most swing states.
  • Republican legislators in Arizona refused to sign on to petitions that would allow them to go around the governors and call a special session.
  • Republican secretary of states and governors made back-door deals with the democratic party to get rid of verification safeguards before the election.
  • Brad Raffensperger claimed that President Trump is running the ‘Stacey Abrams playbook.’

More recently, the majority of Republicans in the house of representatives and the senate voted to pass the 5,600 page coronavirus stimulus bill that gives hundreds of millions to foreign countries.