Explainer: The meeting of the U.S. Congress that will seal Biden's win
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[January 06, 2021]
By Jan Wolfe
WASHINGTON (Reuters) - The U.S. Congress
will convene on Wednesday to set the seal on President-elect Joe Biden's
victory in what is expected to be an unusually contentious and drawn-out
proceeding because of planned objections by Republicans allied with
President Donald Trump.
Here's what to expect from the joint session of the House of
Representatives and the Senate.
What is happening?
Both chambers of Congress are meeting to formally tally the Electoral
College results, the final step in the months-long process to select the
U.S. president. Vice-President Mike Pence will formally preside over the
session.
The results are based on votes cast on Dec. 14 by slates of "electors"
who met in each state to reflect the winner of that state's popular
vote. A total of 538 electoral votes are allotted to states and the
District of Columbia based on their congressional representation. Biden
captured 306 electoral votes to Trump's 232.
The proceedings, which will kick off at 1 p.m. ET (18:00 GMT), are
typically brief and ceremonial. This year, it could drag into Thursday,
as some Republicans plan to challenge the result in key states.
How will votes be read and objections be handled?
Pence will open sealed certificates from the U.S. states and the
District of Columbia that declare their electoral votes. Should Pence be
unavailable, his duties can be carried out by the longest-serving
senator in the majority party, Republican Senator Chuck Grassley of
Iowa.
A bipartisan group of lawmakers will read the certificates out loud and
officially tally the votes.
Objections to a state's results must be made in writing and endorsed by
at least one Senator and one member of House of Representative.
If this happens, the joint session disbands and each chamber will hold a
two-hour debate and vote on each objection one after the other. A
majority of each chamber must support an objection for any electoral
votes to be voided.
Republicans have suggested they will submit objections in writing to the
results of as many as six battleground states.
Could Congress void Biden's win?
If enough electoral votes were voided, neither Biden nor Trump would
have the 270 votes needed to secure the presidency, and Congress would
pick the next president.
But there is virtually no chance of that happening.
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President-elect Joe Biden campaigns for Democratic U.S. Senate
candidates Jon Ossoff and Raphael Warnock at a rally ahead of runoff
elections in Atlanta, Georgia, U.S. January 4, 2021.
REUTERS/Jonathan Ernst
A majority of both chambers needs to support an objection for
electoral votes to be voided, and Democrats control the House.
Even the Senate, controlled by Republicans, is highly unlikely to
vote to void votes.
Senator Ted Cruz and at least 11 other Republican senators are
expected to reject electors. But most of the chamber's 100 members,
including high-profile Republicans, have recognized Biden as the
incoming president.
Senate Majority Leader Mitch McConnell, the body's top Republican,
acknowledged Biden’s victory on Dec. 15 and has urged other
Republicans to refrain from objecting on Wednesday.
Can Pence award the election to Trump?
No. Pence's role is ceremonial, and he doesn't have the power to
overturn the results of the election despite being under pressure
from Trump to do so.
Marc Short, Pence's chief of staff, said on Monday that while the
vice president welcomed lawmakers' authority to raise objections and
"bring forward evidence before the Congress and the American
people," he will not deviate from his role.
"He ... will uphold the Constitution and follow the statutory law,"
Short told Reuters on Monday.
In the extremely unlikely event that Pence voids electoral college
votes, his actions would almost certainly be challenged in court.
On Friday, a federal judge threw out a lawsuit brought by
Representative Louie Gohmert that sought to allow Pence to declare
Trump the victor.
(Reporting by Jan Wolfe; Editing by Noeleen Walder and Sonya
Hepinstall)
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