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“The person with the most votes will be the Speaker,” the amendment continues, unless there is a tie or no one obtains a majority, in which case the House decides.
The work has sometimes been unpleasant for the former vice-presidents. In 1961, the State of Hawaii sent two lists of voters and Vice President Richard M. Nixon, who had just lost the election to John F. Kennedy, had to decide which ones to count. Mr Nixon chose Democratic voters, widening his own margin of defeat. Forty years later, Al Gore was in a similar situation, weighed down with compelling objections from fellow Democrats and certifying George W. Bush’s victory – and his own defeat – after a lengthy Florida recount that was put end by the Supreme Court. And Mr. Biden, then vice-president, had in 2017 to reject a Democratic challenge to Mr. Trump’s victory.
But disagreeable as it is, J. Michael Luttig, a former US Court of Appeals judge and leading Conservative jurist, said Pence had no choice but to simply count the votes.
“No president and vice-president would – or should – regard either event as a test of political loyalty,” Luttig said. “And if either did, he should understand that political loyalty must give way to a constitutional obligation.”
Members of Congress may object, although this time their candidacy will fail.
Under the Electoral Tally Act of 1887, which was passed after the contested election of 1876 in which several states sent rival groups of voters, it is up to Congress to settle any disputes over the certifications of ‘State.
If at least one member of the House and Senate raises an objection regarding a state’s performance, this should be taken into account, immediately halting the joint session so that members can return to their respective chambers and debate the challenge for a while. two o’clock. Then a vote – decided by simple majority – takes place to determine whether to reject that state’s results. This hasn’t happened since the Reconstruction Era and with Democrats controlling the House and many opposing Senate Republicans, it will almost certainly fail.
Still, Republicans plan to force such a vote, possibly a lot. Rep. Mo Brooks of Alabama has said he will challenge the results of six states, and Senator Josh Hawley of Missouri plans to back at least one of them. Dozens of MPs and 11 senators have said they plan to vote against certifying Biden’s victory. Since Mr. Trump and his supporters have contested the results in several states won by Mr. Biden – including Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin – there could be up to 12 hours of debate Wednesday and a half. – a dozen votes.
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