![]() If a state properly submitted certificates of their electoral votes by the set deadline, he added, "the objection has to be on the grounds that either the people who cast the electoral votes were not the actual electors elected from that state, or that they did not cast their votes in a legal manner, for example, because they were bribed." "There are very limited grounds on which a member of Congress can object to a state's determination," Noti said, the first being if a state did not properly certify its electors in the set timeline. 'Second-guessing' a state's appointment of electors is 'not within Congress' power' 6, 2021, in support of President Donald Trump People attend a rally in Washington, Wednesday, Jan. Hayes in 1876, it took Congress 10 years and two more close elections in 18 to come up with a necessary, but still imperfect, solution. Now, after the defeats of some House Democrats, Republicans control 27 delegations and Democrats control only 20 with three states, Michigan, Minnesota, and Pennsylvania, who have tied delegations.Īfter the disputed election between Samuel Tilden and Rutherford B. It's well within the realm of possibility for Republicans to regain control of both the House and Senate given their extremely narrow majorities in both chambers and the historical precedent of the opposition party to the president gaining seats in midterm elections.ĭemocrats' losses in 2020's US House elections not only narrowed the size of their majority, but also deepened the disadvantage they hold in control of state delegations.īefore the election, Republicans controlled 26 delegations compared to 23 for Democrats, with one state's delegation, Pennsylvania's, split between nine Republicans and nine Democrats. Those efforts also failed in both the House and Senate, but they raised new concerns for what could happen in 2024 or further down the line if one party controls both chambers of the Congress and a candidate from the opposing party wins. After the insurrection, 56% of the House GOP caucus voted to reject Arizona's electors and 65% moved to reject Pennsylvania's electors, moves based on Trump's repeated and baseless claims of election fraud that failed in dozens of court cases. In the House, however, most Republicans followed through with their plans to formally object to Arizona's slate of 11 electors and Pennsylvania's slate of 20 for Biden. Kelly Loeffler of Georgia, stood down from their previous plans to vote to reject slates of electors, meaning that only six of the 99 present voted to sustain the objection to Arizona's electors and seven for the objection to Pennsylvania's electors. In 2021, America appeared to come precipitously close to an electoral cliff as record numbers of members of Congress objected to the counting of certified slates of electoral votes for President-elect Joe Biden - even after Congress was besieged by a violent mob of pro-Trump insurrections whose goal was to stop the count.Ī number of Republican senators, including Mike Braun of Indiana, Ron Johnson of Wisconsin, Bill Hagerty and Marsha Blackburn of Tennessee, and former Sen. Visit Business Insider's homepage for more stories."There was nobody saying that the slate of 20 electors from Pennsylvania were not, in fact, the people designated by the state." "None of what got raised in this election falls into either of those categories," Noti said. ![]() ![]() Noti said that under the Electoral Count Act, Congress can only object to and reject electors that were not properly certified, not the slate actually elected by the states' voters, or electors who voted illegally."There are very limited grounds on which a member of Congress can object to a state's determination," Adav Noti, director of trial litigation at the Campaign Legal Center, told Insider.The episode prompted concerns that if a Democrat also won in 2024, for example, a Republican-controlled Congress could go through with fully rejecting a state's electors and even overturn an election.In 2021, a record number of congressional Republicans voted to object to and reject slates of electors for President-elect Joe Biden after the pro-Trump insurrection that overtook the US Capitol. ![]() Account icon An icon in the shape of a person's head and shoulders. ![]()
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