It is an more than just an interesting problem. Congress is suppose to count the votes of the Electors. If the Electors were improperly chosen, that is a problem Congress is must deal with. The Constitution (as amended) explicitly gives Congress the task of counting the votes in Article II, Section 1 of the Constitution.
— the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;The Constitution: Amendments 11-27 | National Archives
Just how is certifying the Electors supposed to work? Well, since the Constitution doesn’t exactly spell it out, Congress had to write some legislation. Where is good place to find information that includes the effects of this legislation? Check here, The Electoral College | National Archives.
With respect to the counting of the votes of the Electoral College, there are Legal Provisions Relevant to the Electoral College Process | National Archives (see this section, § 15. Counting electoral votes in congress).
Consider some key points.
- The day scheduled for the big event is January 6, 2021.
- The President of the Senate is suppose call for objections, if any. As Legal Provisions Relevant to the Electoral College Process | National Archives tells us, “every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received.”
To figure out the procedure, please read Legal Provisions Relevant to the Electoral College Process | National Archives (see Counting electoral votes in congress). The point is that both Congress and the States have a role in validating the votes of Electoral College. If they have a good reason to believe a state did not follow the proper procedure and therefore rendered the credentials of their Electors invalid, Congress has the specific task of verifying, validating, and if necessary, rejecting those votes. The notion that Congress cannot do anything is pure bunk. Most of Congress is apparently happy to do nothing, and that should alarm us.
Unfortunately, the so-called mainstream news media is heavily biased in favor of Joe Biden. Because the so-called mainstream news media got the result it wanted, they constantly scream “NO EVIDENCE!” and “TRUMP IS LYING!”. Hence, they have intimidated and shut up a lot of people who more fear looking foolish and being hated than actually being wrong and doing wrong.
What is the likelihood Congress will reject or even consider rejecting Electors that many consider fraudulent? Conventional wisdom tells us the odds seem quite small at this point. So, why continue complaining and drawing the derision of those who consider themselves the victors? Personally? I want the satisfaction of knowing I did everything I could to avert what is most likely to be four disastrous years.
So what is next in this series? Since the Texas filing with the Supreme Court (see AG Paxton Sues Battleground States for Unconstitutional Changes to 2020 Election Laws | Office of the Attorney General (texasattorneygeneral.gov)) provides a good outline of the major issues, we will use it.
- Part 2: The Electors from Georgia, Michigan, Pennsylvania and Wisconsin are in dispute. What is the pattern of complaints against the Electors of these four states?
- Part 3: What are the specific Constitutional issues with the Electors from the Commonwealth of Pennsylvania?
- Part 4: What are the specific Constitutional issues with the Electors from the State of Georgia?
- Part 5: What are the specific Constitutional issues with the Electors from the State of Michigan?
- Part 6: What are the specific Constitutional issues with the Electors from the State of Wisconsin?
- Part 7: If the Electors from Georgia, Michigan, Pennsylvania and Wisconsin are rejected, what is the Constitutional remedy?
Why the focus on constitutional issues? When we are playing a game with a cheater, do we have to prove that without cheating the cheater would not have won? Is it not enough to prove that the cheater is deliberately breaking the rules?