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Can Congress overturn electoral college? January 6 session

The Confirm group is answering questions from viewers in regards to the means of casting electoral votes and counting them in a joint session in Congress.

WASHINGTON — This election season has been one to recollect, between recounts and a world pandemic spurring the biggest mail-in poll surge but.

States electors, whose numbers are based mostly on their whole Congressional illustration, meet to position official votes for the Electoral Faculty, a system derived again within the 18th century.

Electors from all 50 states meet on December 14 to position their official votes for his or her states. On January 6, that vote rely is finalized and election outcomes are licensed.

However what does that vote solid seem like, and might Congress reject the Electoral Faculty’s choice if faithless electors occur?

What’s the official course of for electors casting their votes?

The state’s electors will meet on December 14, 2020, and ship six copies of their votes to the President of the Senate, that state’s Secretary of State, the Archivist of the US and to the federal choose within the district the place the electors met. Congress will rely the votes throughout a joint session on January 6, 2021.

Every governor sends a certificates exhibiting which slate of electors gained the favored vote, to the Archivist of the US. 

Aseem Mulji, who’s authorized counsel for the Marketing campaign Authorized Middle, famous that there’s a small exception for Nebraska and Maine, who cut up their electoral votes between the winner of the favored vote and the winner of the favored vote in every congressional district.

The governor then delivers six equivalent certificates to the state’s electors. Then, on Monday, December 14, 2020, electors will meet to vote for the president and vice chairman. 

After they vote and signal every certificates, every state sends its six copies to numerous locations: one to the President of the Senate, Mike Pence, two go to the Secretary of State for that state, two go to the Archivist of the US, and one to the federal choose within the district the place the electors met.

The primary day of the newly elected Congress is about for January 3, 2021.

Congress will learn the outcomes out loud and rely them up in a joint session, on January 6, 2021 at 1:00 p.m. 

Ultimately, the President of the Senate, Mike Pence, will announce whether or not any candidates obtained the bulk vote.

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What occurs if Congress doesn’t approve of the Electoral Faculty outcomes?

The presidency is set within the Home of Representatives with every state delegation getting one vote. The vice presidency is decided within the Senate.

The U.S. code does permit Congress to object to electoral votes.

Right here’s the way it works: an objection must be in writing and signed by at the very least one Senator and one Consultant.

When it comes to what counts as a legitimate objection, Mulji stated that the legal guidelines are obscure.

“There is not a ton of steerage about… what does and would not rely as an objection,” Mulji stated. “As a result of these are inside guidelines of Congress, it is as much as the homes of Congress to determine whether or not the objections are legitimate.”

After there’s an objection, the 2 homes will then maintain separate votes on whether or not to simply accept or reject it. 

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If there’s a cut up choice, that means the Home voted a technique and the Senate voted the opposite, the objection fails and votes are counted as initially solid. 

From there, the standard electoral rely continues. If a candidate will get a majority of votes at 270, then she or he formally wins.

If no person has a majority in the course of the Electoral Faculty assembly, the vote goes to the Home of Representatives, with every state getting one vote.

That course of hasn’t occurred because the election of 1824, and Mulji stated that faithless electors are extraordinarily uncommon.

“Now, it is a enjoyable mental train, however in fact, we all know the outcomes of the Electoral Faculty, we all know that Joe Biden has gained a majority of these electoral votes,” Mulji stated. “So one thing extraordinarily extraordinary must occur for these outcomes to be modified at this level.”

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