What’s up in the air for the Jan. 6 joint session of Congress certification?

January 6 is an important day. On this day, Trump supporters will hold a big rally in Washington, D.C. On the same day, a joint session of the U.S. Congress will certify the results of the Electoral College vote. Some commentators say that this meeting will determine the future fate of the United States, so much attention. Unlike in the past, the certification of the Electoral College vote this time is full of uncertainties. What exactly are the suspense?

First of all, both the House and Senate require that the Electoral College vote must be taken by members of Congress in person, but because of the confirmed diagnosis and quarantine caused by the epidemic, no one knows which members of Congress will show up on January 6. And the difference in the number of members of the two parties in the current Congress is very close.

On January 6, Vice President and Senate President Mike Pence will host a joint session on the House floor. The electoral votes will be read and counted alphabetically by two members appointed by each House and Senate. After they give the tally to Pence, Pence will announce the results and hear objections. If there are objections, the House and Senate will meet separately to determine how those votes should be counted.

To object to a state’s electoral votes, at least one member of the House of Representatives and one member of the Senate must put it in writing together.

Eleven Republican senators, led by Sen. Ted Cruz (R-Texas), have stated they will challenge the Electoral College votes in conference. They have not explicitly said how many states they will challenge, but they have said they intend to vote on Jan. 6 to reject the electors in disputed states if Congress does not start a committee to investigate the election issue.

House Republicans pressed Senate Republicans to challenge the election results in at least three states to stop Biden from winning.

Two House Republicans told Fox News that more than 100 Republican House members will file objections to the election results in six swing states. Meanwhile, Republican Sen. Rand Paul (R-Ky.) may file a solo objection to the results in at least one state during the joint session, but it’s unclear which state it is.

On Monday (Jan. 4), House Majority Leader Snyy Hoyer, a Democrat, said they expect six states to have their Electoral College votes challenged on Jan. 6.

A challenge to the Electoral College vote means that the joint session will be suspended for two hours when the votes are counted in a state, and then the two houses of Congress will meet separately. Members who wish to speak may do so for up to five minutes. Then, the two chambers vote separately. Only if both chambers reject it, the state’s electoral votes will be invalidated. To nullify a state’s electoral votes, a majority of the members of each house must agree to do so.

Then, the House and Senate reconvene in a joint session to continue to deal with the electoral votes of other states.

From the current situation, because of the lack of support from the Democratic Party members and the disagreement within the Republican Party members, it is very difficult to have the majority of the members of the House and Senate agree to abolish a state’s electoral votes.

In addition, there is some uncertainty because of the epidemic and the inability to predict how many legislators will need to be quarantined and unable to attend on Jan. 6.

Considering the two-hour debate time limit per state and the time needed to conduct the vote, the final certification of the electoral vote could extend to Jan. 7 or even longer. And Congress must conclude the matter within five days.

Also, why would some Republican lawmakers oppose challenging the Electoral College votes?

Some analysts believe that the votes of lawmakers may be double-edged. There are some states where Republican lawmakers vote and take a stand against presidential candidates that may hurt the voters in their own districts. Choosing the wrong direction could be politically dangerous. That may be why Senate Majority Leader Mitch McConnell and other Republicans want to avoid this dilemma. And for Democratic lawmakers, they would face similarly serious integrity questions if their districts exploded with evidence of massive fraud and an inability to explain why.

Either way, come Jan. 6, 7 or 8, members of Congress will have a decision to make. The words and actions of everyone in Congress will be on record, either upholding the Electoral College results or rejecting them.

Under the Presidential Succession Act passed in 1947, if Congress fails to elect a new president and vice president by Jan. 20, the Speaker of the House will serve as acting president, currently Nancy Pelosi (D-Calif.).