If congress doesn't certify EVs?
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  If congress doesn't certify EVs?
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Author Topic: If congress doesn't certify EVs?  (Read 2088 times)
Sir Mohamed 🇺🇸 🇺🇦
MohamedChalid
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« on: July 20, 2022, 09:23:41 AM »

Pretty much a hotly discussed hypothetical about 2024 after January 6. What does actually happen if a GOP congress doesn't certify the victory of Biden or another Dem? I'm sure Dems would file a lawsuit, but even if SCOTUS agreed that there was no voter fraud to change the outcome, doesn't it still require congressional certification? Congress doesn't have an obligation to follow such a court ruling? Or would GOP state legislatures just appoint "alternate electors".

I guess SCOTUS could still rule these alternate electors are unlawful, but would get us back to congress being required to accept Dem electors? With such a stalemate likely unresolved until January 20, the speaker would become acting prez?
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DT
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« Reply #1 on: July 20, 2022, 09:40:16 AM »

Certification of electors by Congress occurs on a state-by-state basis.  If objections to enough states' electors are sustained that no person has 270 electoral votes, then a contingent election would be held under the terms of 12th amendment.

If Congress hasn't elected a president or vice president by January 20th then the House Speaker would serve as acting president until they do. 
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Skill and Chance
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« Reply #2 on: August 01, 2022, 06:35:32 PM »

Certification of electors by Congress occurs on a state-by-state basis.  If objections to enough states' electors are sustained that no person has 270 electoral votes, then a contingent election would be held under the terms of 12th amendment.

If Congress hasn't elected a president or vice president by January 20th then the House Speaker would serve as acting president until they do. 

I believe there is some ambiguity as to whether the threshold to win might also decline from 270 as EV are rejected by congress?  Any rejected EV may also come out of the denominator.
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Person Man
Angry_Weasel
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« Reply #3 on: August 10, 2022, 02:59:17 PM »

Certification of electors by Congress occurs on a state-by-state basis.  If objections to enough states' electors are sustained that no person has 270 electoral votes, then a contingent election would be held under the terms of 12th amendment.

If Congress hasn't elected a president or vice president by January 20th then the House Speaker would serve as acting president until they do. 

I believe there is some ambiguity as to whether the threshold to win might also decline from 270 as EV are rejected by congress?  Any rejected EV may also come out of the denominator.

That doesn't seem right. It could be but it doesn't seem right. Its not like there is any case law about it.
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