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Biden has 306 EC votes but if 37 of his Electors are rescinded, then he does not have a 270 majority and the 12th Amendment throws it into the House of Representatives by state delegations in which case Trump wins.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.
Biden has 306 EC votes but if 37 of his Electors are rescinded, then he does not have a 270 majority and the 12th Amendment throws it into the House of Representatives by state delegations in which case Trump wins.
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First off, thank you for your detailed responses and well thought out posts. If the above were to happen, do you think all 30 of the Republican delegations would vote for Trump? Are they compelled to? We have control of both houses in MI, but I don’t trust them or our leadership. I’m speaking as an active precinct delegate and a member of our county executive committee.
Yes, the CRS itself is guidance. What it's based on, isn't.
From the report:
Much of what follows in this report is based on the United States Constitution (particularly Article II, Section 1, and Amendment 12) and on the Electoral Count Act of 1887, which was originally enacted in 1887 and, in 1948, was both amended and codified in Title 3 of the United States Code. 2 This report also references congressional precedent and practice.
It's great to see the few saying they will object. It's good to get that all on record, and potentially some media covering the ensuing debates.
Getting 218 in the House, and 51 Senators (simple majorities) to agree to each objection and toss enough votes to push biden below the current requirement of 270 votes...is less than slim to none. It's, unfortunately, fantasy land.
I wish that weren't the case, but reality is just that.
Something else for all to consider...
Assuming the miracle happens and 218 Reps and 51 Senators vote to toss 37 elector votes for biden ... we can rest assured that at least pelosi and schumer would immediately sue and ask SCOTUS to intervene. Does SCOTUS not hear that challenge? Very, very doubtful. They hear it, and somehow ... someway they perform their typical judicial gymnastics and find that those how voted to toss have violated some law, somewhere or didn't have the authority of some such nonsense.
+1
I was impressed by the testimony of the three zoom witnesses, with the data of the switched votes. Their numbers, charts, and graphs were damning. I think it was one of those guys who said that Stacy Abrams and the SOS should be arrested.