My reading of this (and what I’ve heard elsewhere) is that the Full House and Full Senate would have have to have a majority vote in favor of the original objection raised by the Congressman/Senator combo, BEFORE it went to the state by state vote in the House. If this is correct, this will be very difficult to pass the majority vote needed in the House, to ultimately reject the Biden votes and keep him under 270, which is the process that actually triggers the state by state delegation (non-majority) vote.
in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted.
This is the more likely scenario, if the full state legislatures send competing electors, which I’m not sure has happened everywhere yet. This US code then says the electors selected by the Governors would have precedent, however the counter argument is that this part of the US code actually violated the US Constitution, and does not apply since it is not an amendment. This leaves the choice of electors to Pence, but his choice could be brought to the Supreme Court, who could accept the case and rule differently.
At least this is my understanding, compiled from a variety of sources.
Mine as well.
Some folks have brought up: “but what if Biden dies before Jan 6th?”
I believe that is also covered in the Title 3.
But I am too tired to look for it again.
“My reading of this (and what I’ve heard elsewhere) is that the Full House and Full Senate would have have to have a majority vote in favor of the original objection raised by the Congressman/Senator combo, BEFORE it went to the state by state vote in the House. If this is correct, this will be very difficult to pass the majority vote needed in the House, to ultimately reject the Biden votes and keep him under 270, which is the process that actually triggers the state by state delegation (non-majority) vote.”
I would also add that it appears that enough Republican in the Senate will vote with the Democrats rejecting any challenge to the EC votes.
Yes, it’s very complicated. The US Constitution is a little vague on this, so I don’t know if US Code as you wrote is the final authority. My brain hurts - time for Morgans.