The Electoral Reckoning
An In-Depth Examination of the January 6th Joint Session and the Final Count of the Electoral College.
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The Electoral College
Constitutional Framework
The United States Electoral College is the body of presidential electors mandated by the Constitution. Each state appoints electors, equal in number to its congressional delegation (senators and representatives). A majority of 270 out of 538 electoral votes is required to elect the president and vice president. If no candidate achieves this majority, the House of Representatives elects the president, and the Senate elects the vice president.
Certificates of Vote
Following the election, each state submits two documents: a certificate of ascertainment (listing electors and popular vote totals) and a certificate of vote (recording the electors' votes). These documents, bearing the state seal and governor's signature, are crucial links between the popular vote and the electors' final decisions.
Congressional Count
The Twelfth Amendment and the Electoral Count Act of 1887 mandate a joint session of Congress, typically on January 6th, to formally count the electoral votes. The Vice President presides over this session. Objections to a state's votes require support from both a House Representative and a Senator to be considered.
2020 Election Context
The Outcome
The 2020 United States presidential election saw Joe Biden, the Democratic nominee, defeat the incumbent President Donald Trump, the Republican nominee. This certification process was the final constitutional step to confirm Biden's victory.
Electoral Vote Tally
The final Electoral College vote count confirmed Joe Biden's victory with 306 electoral votes, while Donald Trump received 232 electoral votes. Biden carried 25 states plus Washington D.C. and Nebraska's 2nd congressional district, while Trump carried 25 states plus Maine's 2nd congressional district.
Attempts to Thwart Certification
Pressure on Vice President Pence
President Trump and his allies exerted significant pressure on Vice President Mike Pence, who presided over the joint session. They urged Pence to unilaterally reject electoral votes from certain states or otherwise alter the outcome, despite constitutional and legal precedents indicating he lacked such authority. Pence ultimately stated he did not possess the power to reject electoral votes.
The "Fake Electors" Plot
A strategy involving the submission of competing slates of electors from seven states won by Biden was proposed. Coordinated by allies of the Trump campaign, including Rudy Giuliani and John Eastman, this plan aimed to create a basis for challenging the results and potentially sending the election to the House of Representatives. The documents submitted by these groups were often forged and falsely identified the Trump allies as official electors.
Planned Objections
In the lead-up to January 6th, several Republican members of the House, led by Representative Mo Brooks, and Senator Josh Hawley announced their intention to formally object to the electoral votes from key swing states. These objections were designed to trigger separate debates and votes in both the House and Senate.
The Joint Session of Congress
Convening on January 6th
The joint session commenced at 1:00 PM EST on January 6, 2021, presided over by Vice President Pence. The process involved opening and reading electoral votes state by state, in alphabetical order. Pence affirmed he did not have the unilateral authority to overturn the election results.
Interruption by Capitol Attack
During the debate on Arizona's electoral votes, rioters stormed the U.S. Capitol building. This unprecedented event forced the joint session to adjourn temporarily as members of Congress were evacuated and the Capitol was secured. The session reconvened later that evening.
Post-Attack Deliberations
After the Capitol was secured, Congress reconvened. Both chambers condemned the attack and President Trump's role. Despite the disruption, the process of counting electoral votes resumed, with objections being debated and voted upon.
Objections and Outcomes
Arizona Objection
The first objection was raised against Arizona's electoral votes by Representatives Paul Gosar and Senator Ted Cruz. The joint session adjourned for debate. Following the Capitol attack, the Senate rejected the objection 6-93, and the House rejected it 121-303. The outcome was a defeat for the objection.
Pennsylvania Objection
An objection to Pennsylvania's votes was raised by Representatives Scott Perry and Senator Josh Hawley. After debate, the Senate rejected it 7-92, and the House rejected it 138-282. This objection also ultimately failed.
Other Objections
Objections were also announced or attempted for Georgia, Michigan, Nevada, and Wisconsin. However, these objections from House Republicans did not have a co-signing Senator, meaning they did not trigger a formal debate and vote in both chambers as required by law. Senator Kelly Loeffler withdrew her planned objection to Georgia's electors after the Capitol attack.
Vote Breakdown
In the House vote on the Arizona objection, 121 Republicans voted for the objection, while 222 Democrats and 83 Republicans voted against it. The Senate vote saw 6 Republicans vote for the objection and 93 vote against it. Similar patterns emerged for the Pennsylvania objection, with objections failing to gain sufficient support in either chamber.
The Capitol Attack
Storming the Building
During the debate on Arizona's electoral votes, a large crowd of President Trump's supporters breached security and stormed the U.S. Capitol building. This act of violence disrupted the proceedings, forcing an evacuation of lawmakers and staff.
Securing the Capitol
Law enforcement agencies, including the Capitol Police and National Guard units from surrounding states, were mobilized to regain control of the Capitol. The building was secured later that evening, allowing Congress to reconvene.
Impact on Proceedings
The attack cast a dark shadow over the certification process. While the session resumed, the events underscored the deep political divisions and the unprecedented challenges to the peaceful transfer of power.
Final Certification
Reaching the Threshold
After overcoming the objections and resuming the count, Joe Biden and Kamala Harris surpassed the 270 electoral vote threshold when Vermont's votes were counted around 3:33 AM on January 7th. The joint session was formally dissolved by Vice President Pence shortly thereafter.
Congressional Votes
Across the objections that were debated (Arizona and Pennsylvania), a total of 147 Republicans in Congress voted to sustain one or both objections—eight senators and 139 representatives. However, these votes were insufficient to overturn the results in either chamber.
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References
References
- Electoral votes for Maine and Nebraska are allocated between statewide vote and congressional districts.
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Important Notice
This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.
This is not political or legal advice. The information provided on this website is not a substitute for professional consultation regarding U.S. election law, political science, or historical analysis. Always refer to official documentation and consult with qualified professionals for specific needs.
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