"[20] One early virtue of this wording was that if certain states decided not to participate in the election by failing to appoint any electors, a president could still be elected by a majority of those who were appointed. [47][48] One of each of the two pairs sent to the Archivist and the secretary of state are designated for public inspection, while the others (and the Chief Judge's copy) are "held subject to the order of the President of the United States Senate". The two houses withdrew, and debated the objection. Weve had a lot of fortune since then., an April report of possible election problems, Trump Has Launched a Three-Pronged Attack on the Election, Five Common Misconceptions About the Electoral College, Why Americans Might Not Trust the Election Results. The Electoral Count Act of 1887 (Pub.L. "[5] None of those certifications have included these alternative electors. Because the Democrats control the House and Republicans control the Senate, each chamber approves the electors who favor its majority partys candidate. 2 This report also references congressional precedent and practice. Republican lawmakers attempts to undermine the election results ignore the Electoral Count Act of 1887which was put in place after the bungled The current version requires a certificate to be sent regardless of whether the safe harbor applies. [33], On December 27, 2020, Texas Representative Louis Gohmert filed a suit in US District Court seeking to give Vice President Mike Pence full authority to declare which slate of electors would be accepted by Congress. A future joint session "might be called upon to address the effect of this situation" without clear precedents. [23]:328, The act was first proposed soon after the extremely contentious 1876 presidential election and the Hayes-Tilden crisis, primarily in order to guide electoral disputes in a divided congress, which before the act might have resulted in the disenfranchisement of the state in question or alternatively a unilateral decision by the President of the Senate, the Vice President. [24]:201, The Republican Senate passed four versions of the act, in 1878, 1882, 1884, and 1886, before its enactment. [38] The electors that are being appointed are determined under and in pursuance of the laws of such State providing for such ascertainment. The name of the presidential candidate and vice-presidential candidate do not appear on the certificate; neither do the number of votes. The Supreme Court decision in Bush v. Gore made the matter moot. The Electoral College went 306-232 for Biden, but President Trump has alleged that widespread fraud tipped the results in must-win swing states. [2] Close elections in 1880 and 1884 followed, and again raised the possibility that with no formally established counting procedure in place partisans in Congress might use the counting process to force a desired result. Meeting and vote of electors 8. "[43] (See Substantive counting rules below.). When the election was challenged in court, the Democratic electors cast three electoral votes for President-elect John F. Kennedy, but cast them later than the safe harbor deadline. The Electoral Count Act of 1887, currently known as 3 U.S. Code Section 15, establishes a procedure for how the votes are counted, how to raise objections, and how to resolve disputes. [24]:21[23]:335, Section 2 (now 3U.S.C. The Electoral Count Act of 1887 was designed to answer that question. "[10]:652[11]:n.580 These provisions "seem designed to drain as much power as possible away from the Chair and give it to the two houses. The law itself is a relic of the last time the partisan divide got so intense that it nearly ripped apart the country. [35] Moreover, all states except Wisconsin had certified their results by the "safe harbor" deadline,[69] which under the Act is "conclusive. The Act clarifies the Vice President's limited role in the count. [28], On December 7, 2020, Texas Attorney General Ken Paxton filed a suit in the Supreme Court, Texas v. Pennsylvania, alleging that Georgia, Michigan, Pennsylvania and Wisconsin violated both various federal and state laws by changing their election procedures in the run-up to the election. It has been described as reflecting a balance between giving Congress unfettered ability to reject a state's electoral votes vs. deferring to state determinations, which was a significant topic of discussion during the Reconstruction era. [54] Two objections were made at the 2021 United States Electoral College vote count. Richard Nixon was ahead in early counting, despite decisively losing in the overall Electoral College vote. It was Hawaiis first presidential election, after becoming a state the year before. The meeting of the Senate and House of Representatives to be held in January 2009 pursuant to section 15 of title 3, United States Code, to count the electoral votes for President and Vice President cast by the electors in December 2008 shall be held on January 8, 2009 (rather than on the date specified in the first sentence of that section). He reads the legislative history differently, and notes that the conference report states as follows: The general effect of all [the reconciling amendments], and of the bill as report , is to provide for the decision of all questions that may arise as to its electoral vote to the State itself, and where, for any reason, that fails, then the Houses circumscribe their power to the minimum under any circumstances to disfranchise a State, and such result can only happen when the State shall fail to provide the means for the final and conclusive decision of all controversies as to her vote.
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