(RightWing.org) – Electing a president is a long process that entails multiple steps. The first is a November election where the people offer their choice. The second is the Electoral College, which meets in December to cast their official ballots. The final step is Congress certifying the presidential election.
It’s the last step that’s getting interesting as the 2020 presidential election comes to a close. One Republican House member is ready to pursue a particular course of action over concerns that widespread voter fraud unfairly overturned the election.
Congress doesn’t have to approve the Electoral College results. That would trigger another process to ultimately decide who would become the 46th President of the United States.
How Congress Can Block the Electoral College
On December 14, the Electoral College met in their respective states to vote for the next president. Biden was awarded 306 votes to President Trump’s 232. However, several GOP swing state totals are not included.
Rep. Mo Brooks (R-AL) said he plans to object to the Electoral College votes when Congress meets on January 6 to certify the election. It’s unknown exactly what Brooks’ objection might be. However, it will likely be similar to Texas’ lawsuit that was supported by 19 other states and 126 House Republicans.
Those Attorneys General argued that Wisconsin, Pennsylvania, Michigan, and Georgia governors violated their state election laws allowing for mail-in voting by superseding their state legislatures. Therefore, states unlawfully certified their elections.
Contrary to media reports, the Supreme Court did not toss the case last week. Instead, it refused to expedite it and required the plaintiffs to take the normal judicial process through the lower courts. Unfortunately, that could take years to work its way back up to the Supreme Court, and conservatives don’t have years to wait.
Here’s the Process…
According to the Congressional Research Service, for an objection to Electoral College votes to be considered, it must be in writing and signed by one member in the House and Senate. It’s subjectively up to each chamber to decide if an objection is valid or not, and each must vote to accept or reject it. The simple majority decides the outcome.
If one of the two chambers doesn’t agree to move forward, the objection fails, and counting of the Electoral votes continues. However, if both agree to the objections and dismiss Electoral College votes based on a state not being “lawfully certified,” and the Electoral College total drops below 270, the House of Representatives would decide the election.
Here is the part that benefits Republicans and Donald Trump: the decision isn’t up to the entirety of the House. Each state only gets one vote. Republican states, as determined by state legislatures, outnumber Democratic ones 29 – 21.
This process hasn’t been tried since 1824. There are no guarantees it will work to overturn the potentially fraudulent election. However, Rep. Brooks believes he has the support in the House, and Sen. Ron Johnson (R-WI) recently signaled he wouldn’t rule out challenging the presidential election in the Senate.
Other Senators who may agree with Brook’s gutsy move include Sens. Rand Paul (R-KY), Josh Hawley (R-MO), Ted Cruz (R-TX), and Kelly Loeffler (R-GA).
January 6, 2021, may be a day for the history books.
Don Purdum, Independent Political Analyst
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