A spokesman for Democratic presidential candidate Joe Biden said the Electoral College vote count in a joint session of both chambers of Congress next week is a “formality.
Jen Psaki, Biden’s pick for White House press secretary, told reporters at a Dec. 30 virtual news conference, “It’s just a formality,” she said.
That’s certainly how the people covering it should view the process,” she said. Regardless of the antics of someone on Jan. 6, President-elect Biden will be sworn in on the 20th,” she said.
Opposing the Electoral College vote results during the joint session. Missouri Republican Sen. Josh Hawley became the first senator to pledge an objection on Dec. 30. Under the statute, objections take effect and require at least one member of the House of Representatives and at least one Senator to file.
A joint session of the two chambers is scheduled for Jan. 6, 2021, for the purpose of counting Electoral College votes. The inauguration of a new president will take place two weeks later. So, it can be said that this joint session of the House and Senate is the final step in the electoral college system to decide who will be the next president.
The counting of votes for that meeting will be conducted by Vice President Mike Pence as Senate President. Some Republicans believe that if certain states are suspected of electoral fraud, Pence could unilaterally decide to reject the Electoral College results or choose to accept the alternative Electoral College votes proposed by Republicans in those state legislatures. In this way, Trump could be legally elected president after the next congressional election process, which is based on one vote per state.
Pence’s “exclusive vice presidential privilege” comes from the U.S. Constitution, which Republican Rep. Louie Gohmert of Texas and other lawmakers filed a lawsuit over this week. They are asking U.S. District Judge Jeremy Kernodle, a Trump appointee, to rule that Pence can exercise that right.
Lawyers in the case revealed that they tried to reach an agreement with Pence before filing the lawsuit, but were unable to do so. A spokeswoman for Pence did not immediately respond to the lawsuit. Sources also said Pence does not believe he has and should exercise such authority.
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