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Yes, I know that each state gets one elector vote if each candidate ends up with below 270 at which time the house will get 1 vote per state, but I am referring to when the house and senate separately debate on whether to accept or decline the contested electors. During that debate, each person gets their own vote as it occurred in 2005 when ohio's electors were objected, and the majority of the house, which ended up being a house majority of 267-32 to shoot down the objection.
New to the forum for this specific question... I understand the 12th amendment pretty well (at least i think I do), but maybe someone on here can clear something up for me on what POTUS' play is on Jan 6th. I have a strong hunch that there will be the required house member and senate member that will contest the electors in the battleground states, which would spark an immediate debate and vote in the separate houses. The way I understand it, the house and senate will vote independently of each other to accept the original electors or decline them. If both the house and senate vote those electors down, then they will be disregarded from the total elector count for Biden with the hope of getting him below 270 and then allowing congress to decide the next president. My question comes; when the vote for whether the contested electors will stand or not, it is by majority, and not by state delegation as when the house chooses the next president. From what I understand, if each house member votes along their party line, then the electors will stand since the house is Dem controlled, which will keep the electors where it is and allowing Biden as the next president, God forbid! What am I missing? What is the play here?
Also dont forget that even if the house voted to keep bidens electors the senate wont, and there has never been a case where the two disagreed. Not to mention Trumps electors are just as legit as bidens, moreso really. So if both houses dont vote to remove them then they count as well. So if neither electors are removed then both Trump and biden have over 270 and it goes to the house delegation as if neither did. Trump wins either way.
this is an even more recent example of your question...from 2005"If there is an objection to an elector or electors on January 6, 2021, there is a recent precedent. In January 2005, Representative Stephanie Tubbs Jones and Senator Barbara Boxer objected to Ohio’s electoral votes for George W. Bush, alleging “they were not in all known circumstances regularly given.” The House and Senate met separately as required and using a roll call vote the objections were widely rejected. The House denied the objection in 31-267 vote, and the Senate denied it in a 1-74 vote."https://constitutioncenter.org/blog/explaining-how-congress-settles-electoral-college-disputes
To be direct, Yes, when the electors are contested it is the house delegations that vote on the electors status, not the normal house reps. So each state gets one vote, 30 trump 20 biden (trump wins even if some red states vote RINO). Plus dont forget that it is Pence who actually counts the votes. He can do whatever he wants.
This article wrongly states that both houses must agree to the objection. That’s incorrect. Where there have been more than on return or paper purporting to be a return the houses must both agree to the correct set of votes to count. https://t.co/7selRvvuNR— KB (@TheKBTweets) December 28, 2020
This article wrongly states that both houses must agree to the objection. That’s incorrect. Where there have been more than on return or paper purporting to be a return the houses must both agree to the correct set of votes to count. https://t.co/7selRvvuNR
Multiple times in section 15 the ECA states that both houses must agree to the correct set. If they don’t agree, none count and neither candidate gets to 270.— KB (@TheKBTweets) December 28, 2020
Multiple times in section 15 the ECA states that both houses must agree to the correct set. If they don’t agree, none count and neither candidate gets to 270.