The House and Senate will meet for a joint session on Wednesday to certify the results of the Electoral College, the last step to finalize Joe Biden’s presidential victory – but some Republican lawmakers say it is not so fast.
The Trump 2020 campaign spawned dozens of lawsuits in an attempt to overturn the election results, which saw Biden defeat President Trump by 306-232 votes from the Electoral College.
The electoral vote was held on December 14, after the popular vote on November 3.
Trump has continually claimed that the election was fraudulent, although former attorney general William Barr announced last month that the Justice Department did not “see fraud on a scale that could have produced a different outcome in the election.”
The United States Supreme Court also refused to review two cases, and more than 50 lawsuits questioning the results were dismissed in lower courts.
But some Republican Party lawmakers say a 10-day emergency audit needs to be completed by an electoral commission to restore voters’ faith in the U.S. electoral process – a requirement that has frustrated not only Democrats, but is dividing the Republican Party.
A dozen Republican senators, led by Senator Ted Cruz, R-Texas, said they would object to the election results if an audit was not completed.
US Senator Ted Cruz, R-Texas, speaks in Cumming, Georgia, January 2, 2021. (Associated Press)
Here’s what to expect Wednesday.
How the Electoral College vote is certified
Both the Senate and the House of Representatives meet every January 6 after a presidential election to certify state votes at 1 pm in the House Chamber.
As president of the Senate, Vice President Mike Pence will open the voting results for each state in alphabetical order, before handing them over to two House and Senate “tellers” to present the results.
Pence will ask if there are any objections to the results of each state, at which point a written objection can be filed, provided it has been signed by at least one deputy and a senator.
The joint session is then suspended so that the Senate and the House can debate any objections separately for two hours, where each member can speak only once, and for no more than five minutes.
Both chambers then vote on the objection, which requires a simple majority to be upheld. If the majority is not met, the objection is resolved and the state vote is counted.
Is anyone expected to object?
Representative Mo Brooks, R-Ala., Paved the way for Republican legislators in the House to voice their objections, although until recently he did not have the support of a senator.
Despite Senate majority leader Mitch McConnell asking Republican senators to accept the election results – which saw Biden win the popular vote by 7 million votes – Senator Josh Hawley, R-Mo., Announced earlier this week that it would be opposing results from some states, like Pennsylvania, where it disputes the legitimacy of the votes counted by mail. He was then joined by another group of eleven senators, who on Saturday demanded a 10-day audit.
But it is not just the Democrats who express their frustrations at the demands of an election commission: Republican Rep Pat Toomey rejected the demand, saying that Trump’s loss was “explained by the decline in suburban support”.
Senator Pat Toomey, R-Pa., Is seen at the Capitol in Washington, December 10, 2020. (Associated Press)
“A fundamental and defining characteristic of a democratic republic is the people’s right to elect their own leaders,” Toomey said in a statement on Saturday. “The effort by Senators Hawley, Cruz and others to overturn the results of the 2020 presidential election in undecided states like Pennsylvania directly undermines that right.”
Senator Mitt Romney, R-Utah, called the action a “blatant ploy” and Senator Lisa Murkowski, R-Alaska, said she would support the Electoral College vote because she “swore an oath to support and defend the Constitution”.
Will Republicans be able to override a state’s vote?
Brooks told Fox News on Saturday night that more than 50 members of Congress pledged to oppose the results in states “whose electoral systems were unreliable”.
CLICK HERE TO GET THE FOX NEWS APPLICATION
And while the number of Republican Party opponents is likely to be substantial, they would have to have a simple majority in the House to successfully pass an objection – which would require the support of all Republicans and some Democrats who hold the majority in the House.
The same goes for the Senate, and with only a dozen Republicans there looking to challenge the results of state elections, being able to pass an objection remains highly unlikely.