The Electoral Count Act decrees that if one representative and one senator object, in writing, to the counting of any state’s electoral votes, the bodies must adjourn to their chambers to debate the matter. Here is a video of Vice President Biden, sitting as president of the Senate, rejecting objections to the Electoral College count precisely because the House members did not have a Senate co-signer.
As Ed Kilgore has recommended, congress should amend the Electoral Count Act to clarify that only electoral votes certified by individual states will be counted and that the vice-president’s role is purely ceremonial. Further, the threshold for objections to state electoral vote counts should be much higher than two.
I would add that a supermajority should be required to decertify any state’s electoral votes, not just a simple majority as the law now permits. Additionally, the law should be amended to eliminate the “failed election” section that empowers legislatures to substitute their preference for that of the voters. There are armies of law professors who can provide relevant language and good ideas for other changes.
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