The Rules of Congress' Jan. 6th Session governing the Counting of Electoral College Votes will remain Identical to those used for Decades, under a Proposal set to be introduced Sunday by Senate Majority Leader, Mitch McConnell (R-KY).
The Rules must be Adopted in Both the House and Senate and have long been Uncontroversial afterthoughts in the Process of Finalizing the Results of Presidential Elections. However, as Dozens of Republicans in the House and Senate threaten to Challenge President-Elect Joe Biden's Victory, citing Baseless Claims of Widespread Fraud and Irregularities, the Rules have taken on New Prominence.
The Rules were revealed amid the First Indications of GOP Pushback to the Election Challenges inside the House, where Dozens of Republicans are embracing Trump's push to Object to the Election's Certification.
A Group of Seven House Republicans including: Freedom Caucus Members Reps. Ken Buck (R-CO, 4th District) and Chip Roy R-(TX, 21st District); Rep. Nancy Mace R-(SC, 1st District); Libertarian Rep. Thomas Massie (R-KY, 4th District); Rep. Kelly Armstrong (R-ND, 1st District, At-Large); Rep. Mike Gallagher (R-WI, 8th District); and Rep. Tom McClintock (R-CA, 4th District), Signed a Statement Sunday afternoon Opposing the Effort to Challenge Election.
They Argue that the Constitution makes Clear that States, not Congress, are Responsible for Selecting Electors, though they said they "are outraged at the significant abuses in our election system." “We must respect the states’ authority here,” the Lawmakers wrote in their Statement. “Though doing so may frustrate our immediate political objectives, we have sworn an oath to promote the Constitution above our policy goals. We must count the electoral votes submitted by the states.”
A handful of Senate Republicans have come out Forcefully against the Trump-driven Challenges as well: Susan Collins (ME); Mitt Romney (UT); Ben Sasse (NE); Pat Toomey (PA); and Roger Wicker (MS).
The Procedures, if adopted, require Pence to introduce All Papers "purporting" to be Electoral Votes. He is to read them Alphabetically by State and offer Lawmakers a chance to Issue any Objections per State, in Writing, by at Least Two Lawmakers, a House Member and Senator Member acting Together, to grind the Process to a Halt, forcing the House and Senate to break up the Joint Session and each Debate the Challenges for Up-To Two hours, Five Minutes per Member, before Voting on them, and Returning to the Joint Session to continue Reading the State Votes.
In a Letter to Democrats, Speaker Nancy Pelosi (R-CA, 12th District) indicated that the Full Caucus would hold a Call, Monday Jan. 4th, at 9 a.m. to Discuss how the Jan. 6th Session will unfold, and separate Strategy Sessions will be convened for Democrats who Hail from the States expected ot be Challenged by Trump's Allies, AZ, GA, and PA.
"Over the years, we have experienced many challenges in the House, but no situation matches the Trump presidency and the Trump disrespect for the will of the people," Pelosi said. She indicated that Reps. Zoe Lofgren (D-CA, 19th District), Adam Schiff (D-CA, 28th District), Jamie Raksin (D-MD, 8th District), and Joe Neguse (D-CO, 2nd District) had taken Leadership Roles in the Pushback to the GOP Effort.
Pelosi also emphasized that Democrats shouldn't use the Challenges in order to "debate the presidency of Donald Trump. "While there is no doubt as to the outcome of the Biden-Harris presidency, our further success is to convince more of the American people to trust in our democratic system," she said.
There is Virtually No doubt that the Challenges to Biden’s Victory will Fail. The Democratically led House will Oppose them, and enough Republicans in the closely Divided Senate have indicated they will Reject any Challenges as well. But the Magnitude of the Push, with Dozens of House Republicans and at least a Quarter of the Senate GOP, will be Unprecedented, aided by Trump, who has encouraged Supporters to convene in Washington en masse on Jan. 6th to Protest the Session.
Some Trump Allies are encouraging Pence to try to take Control of the Session regardless of the Rules and simply Refuse to introduce Biden's Electors in States that Trump has Challenged. But Pence Declined to Embrace that Strategy in Court, and Congress would similarly Refuse to Entertain such an Effort.
The Processes in the Proposed Eules are enshrined in a Federal Law passed in 1887 called the Electoral Count Act, a Statute Passed to address the Disastrous Election of 1876. The Procedures have been embraced by every Congress since then to Govern the Jan. 6th Electoral College Certification meeting. However, Constitutional Scholars have Debated whether the House and Senate can be bound by the 130-year-old Law and whether they may Supplement it to clearly Define some of its Vague Aspects, such as Pence's Authorities as the Presiding Officer and the Law's Requirements that All "purported" Electoral Votes be introduced.
One of the Questions about Pence's Role is whether he intends to introduce Slates of Republicans who Claimed to Cast Electoral Votes for Trump in Key States that Biden Won. Trump's would-be Electors met on Dec. 14th, the Day the Formal Electoral College Members met in their respective State Capitals and held Mock Sessions to Cast Votes for Trump.
But the Supreme Court already Declared to Count only those Electors Certified by their State Governments and that they Must Select their State's Certified Winner.
NYC Wins When Everyone Can Vote! Michael H. Drucker
