Any member of the House of Representatives, joined by members of the Senate, can challenge the Electoral College vote results on January 6. The challenge will trigger up to two hours of debate in both chambers as a whole, after which both chambers will follow their own rules for voting. Pictured is the U.S. Congress.
U.S. Sen. Josh Hawley (D-N.Y.) announced Wednesday (Dec. 30) that he will challenge the Electoral College vote results in swing states at a joint session of Congress on Jan. 6, sparking criticism from Democratic lawmakers. Hawley fired back, saying that 74 million Americans feel disenfranchised and that someone must stand up for them.
Hawley was the first senator to promise to come out against the Electoral College results in some states, which upset Democrats. Democrats supported their candidates, Biden and Hejlin, arguing that there was no election fraud in this election and opposing any congressional investigation or hearings.
Democratic Senator Tina Smith said in a statement, Josh Hawley’s latest news: He is fully committed to overturning our democratic elections; this is another pointless and dangerous attempt to undermine the will of the people.
Democratic Sen. Chris Van Hollen (D-Md.) told CNN that Hawley’s move is undermining the democratic process, calling the planned challenge a risky act.
Facing criticism from Democrats, Hawley said in an interview with Fox News on Wednesday that Democrats have challenged election results in the past and now they are shifting their position and want Republicans to shut up about the results.
“First of all, there were challenges in 2004 and during the Electoral College certification in 2016, but I don’t recall hearing the Democrats make any claims that were so outrageous,” he said.
“The Democrats have been doing this for years to raise concerns about the integrity of elections. Now, when Republicans (representing 74 million Americans) are concerned about the integrity of elections, we’re supposed to sit down and shut up? I mean, somebody has to stand up here (in Congress). You have 74 million Americans who feel disenfranchised, who feel like their votes are being ignored. This is an opportunity for me as a U.S. senator, this process right here, this is an opportunity for me to stand up and speak out, and that’s what I’m going to do.” Hawley said.
Hawley also responded specifically to criticism from Van Hollen, the Maryland senator who praised the Democrat who raised objections during a joint session of Congress in January 2005.
In 2005, then-Sen. Barbara Boxer, D-California, agreed to join a group of House Democrats in challenging Bush Jr.’s re-election results on the grounds that there were voting problems in the key state of Ohio.
Hawley told Fox News Wednesday night that Van Hollen personally praised House and Senate Democrats who raised objections during the certification process that year, saying they had the right to do so.
“Every senator and House member has the right to object. It’s (based on) their judgment.” Hawley said.
Both can challenge the Electoral College vote results on Jan. 6 after at least one House member, as well as senators, agree. The challenge will trigger up to two hours of debate in both chambers as a whole, after which the two chambers will follow their own rules for voting.
According to the Electoral College vote on Dec. 14, Democratic candidate Biden received 306 electoral votes, while Trump received 232 electoral votes. But at the same time, there was a double vote in seven key states where, in addition to the official certified electoral votes for Biden, Republicans in those states also cast “alternative votes” for President Trump, with both parties sending certified letters to a joint session of Congress on Jan. 6, 2021.
Democrats also tried to oppose the 2016 Electoral College vote in a joint session of Congress in early 2017, but no Democratic senator joined the challenge that year.
In a statement Wednesday, Hawley said, “I cannot vote to certify (those states’) Electoral College vote results on Jan. 6 without raising the fact that certain states, particularly Pennsylvania, have not complied with their own state election laws.”
He added: “I also can’t vote to certify (the election results) without raising the unprecedented efforts by large (tech) companies, including Facebook and Twitter, to interfere in this election in support of Joe Biden.”
At the very least, Hawley said, Congress should investigate allegations of voter fraud and ensure that future elections are secure. But Congress has so far failed to act.
In addition, Texas U.S. Rep. Louie Gohmert, a Republican attorney, filed a lawsuit Dec. 28 in the Eastern District of Texas against Vice President Mike Pence, hoping that the lawsuit would allow a federal judge to overturn the 1887 Election Count Act and authorize Pence to overturn the 2020 election results in favor of President Trump.
Pence has not commented publicly on the proposal, but lawyers for the plaintiffs said in a lawsuit filed against him this week that Pence’s lawyers refused to agree to the outlined plan.
The Biden team was unconvinced that a joint session of Congress would face challenges, calling it a mere formality.
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