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Jack Maskell & Elizabeth Rybicki
:
Counting Electoral Votes: An Overview of
Procedures at the Joint Session, Including Objections by Members of Congress
<
https://fas.org/sgp/crs/misc/RL32717.pdf
>: ‘Basis for Objections: The general
grounds for an objection to the counting of an electoral vote or votes would
appear from the federal statute and from historical sources to be that such vote
was not “regularly given” by an elector, and/or that the elector was not “lawfully
certifi ed”....
‘
In the case of the so-called “faithless elector” in 1969, described above, the
elector was apparently “lawfully certifi ed” by the state, but the objection raised
was that the vote was not “regularly given” by such elector. In the above-
described 2005 case, the objection was also based on the grounds that the
electoral votes “were not, under all of the known circumstances, regularly
given.”...
‘
Congress was particularly concerned in the statute of 1887 with the case of two
lists of electors and votes being presented to Congress from the same state.... In
the fi rst instance, two lists... [with] only one list... from electors who were
determined to be appointed pursuant to the state election contest statute... only
those electors should be counted. In the second case... two lists... from two
different state authorities who arguably made determinations... the question of
which state authority is “the lawful tribunal of such State” to make the decision
(and thus the acceptance of those electors’ votes) shall be decided only upon the
concurrent agreement of both houses....
‘
The two chambers must agree concurrently to accept the votes of one set of
electors; but the two chambers may also concurrently agree not to accept the
votes of electors from that state. When the two houses disagree, then the statute
states that the votes of the electors whose appointment was certifi ed by the
governor of the state shall be counted. It is not precisely clear....
‘
Precedent subsequent to... 1887 has been sparse.... In 1961... the governor of the
state of Hawaii fi rst certifi ed the electors of Vice President Richard M. Nixon...
and then, due to a subsequent recount... certifi ed Senator Kennedy as the winner.
Both slates... cast their votes for President and Vice President, and transmitted
them.... The President of the Senate, Vice President Nixon, suggested “without
the intent of establishing a precedent” that the latter and more recent certifi cation
of Senator Kennedy be accepted so as “not to delay the further count of electoral
votes.” This was agreed to by unanimous consent...
Maskell & Rybicki
: Counting Electoral Votes: An
Overview of Procedures at the Joint Session
DeLong’s Notes:
I very much hope that Pelosi and Schumer are already
talking to Collins, Murkowski, Romney, Sasse, and
company: the potential for an absolute dog’s breakfast
on January 6, 2021 is already remarkably high, and may
well increase in probability as things get crazier and
crazier over the next two months.
It is also not too early for the House of Representatives
to be thinking hard about how to maintain their own
security—both on the U.S. Capitol grounds, and for
members in transit to the Capitol itself.
The argument that Trump is not trying to gain support
among the Republicans for a coup, and that
Republicans are not egging one another one to see if
they dare to do it, but rather doing something else
seems to me to be overhasty and overconfi dent. Yes,
Trump might be trying to establish an extradition-free
bolthole for himself in Abu Dhabi. Yes, Trump might be
trying to destroy as much evidence linking him to
criminality as he can. Yes, Trump might be trying to
show that he can disrupt the system so that he can
then strike a deal that will leave him confi dent he will
remain out of jail next year. Yes, Trump might simply be
confused.
But he might not. And while Giuliani is clearly neither
his Göring, his Himmler, or his Heydrich, that does not
mean that nobody else is.
2020-11-10
<
https://fas.org/sgp/crs/misc/RL32717.pdf
> <
https://www.icloud.com/keynote/0r5Pt_jJe95PxqqyIbfHlMvPg
> <
https://www.bradford-delong.com/2020/11/maskell-rybicki-counting-electoral-votes-an-overview-of-procedures-at-the-joint-session.html
>
