Rather than overturn a certified election, Republicans (including Trump) appear focused on controlling the certification process by capturing governorships, state legislative chambers, secretaries of state offices, and local election positions, particularly in key states such as Arizona, Georgia, Nevada, Pennsylvania and Wisconsin.
That has implications not only for the 2024 presidential election but for the 2022 midterms as well.
There’s some buzz that the U.S. House (under GOP control in this scenario) could refuse to seat duly elected members. But the U.S. Supreme Court decision in Powell v. McCormack (1969) appears to prevent the House from doing just that. Instead, Republicans could potentially drag out the certification process, affecting the partisan margins in the House and Senate.
Republicans could also weaponize the Federal Contested Elections Act of 1969. Under the act, the legitimacy of another member can be challenged by a request for an examination of a contested election. It’s then filed with the clerk of the House and referred to the Committee on House Administration.
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