If she said this, she doesn't have a clue.
1 Senator and 1 House Rep. If no Senator, then it goes no further.
Of course, then a majority in both chambers must vote in the affirmative to toss the objected votes.
Objecting is the easy part.
Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress https://crsreports.congress.gov/product/details?prodcode=RL32717
Thank you that was very helpful. It seems the counting of elector votes and the objection to the votes is based on US Code.
Doesn’t seem possible for Nancy & Mitch to block objections without violating US law.
When the House votes on the objections, is it by member or delegation? I have seen both.
Also, if votes are thrown out and neither has 270 does the candidate with the majority of electoral votes win? Or does it go back to the House for a vote by delegation?
I am so confused.
Good catch on her misquote “And if two House members object”, she meant to say “two members of Congress, one from each chamber.”
I’m sure if someone called her on it, she would make a correction. She knows how it works b/c she’s been discussing elsewhere how the Senate needs to join Mo Brooks and others. So her faux pas appears on level with a typo, not a gross misunderstanding.
There’s a lot of confusion on this. Last November, I posted on FR the CRS procedural guidance as you did above but I started a thread with it just to get it out there.
But here’s the thing, the CRS procedural pub is ‘guidance’ only. It is not statutory, it is not binding. Congress can use it to assist but they don’t have to use it.
What is binding is the 12th Amendment:
“The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.”
Biden has 306 EC votes but if 37 of his Electors are rescinded, then he does not have a 270 majority and the 12th Amendment throws it into the House of Representatives by state delegations in which case Trump wins.
The key to the 12th Amendment working for Trump is to get rescissions from state legislatures. AZ, GA, WI have 37 EC votes so they could do it. PA is looking stronger today.
It takes just one legislature and the rest of the ‘resistance’ in other legislatures will fall like dominoes.
After what Jovan Hutton Pulitzer showed today in GA, the Obama planted ‘Resistance’ should run for the hills or play dumb.
What’s interesting to me is that there are so many different opinions of how the proceedings can go down. There must be only one way written in law.
The one vote per state = 20/30 split?
Pence can or can’t make decisions on electors?
Many more conflicting opinions ...