At least 140 Republican legislators will oppose the Jan. 6 polling of Electoral College votes, some lawmakers and journalists predict.
The expected joint session will be responsible for formally counting each state’s electoral votes, three days after the new Congress takes office.
When Vice President Mike Pence announces the results, objections can be filed, which must be endorsed by at least one representative and one senator.
President Trump has repeatedly asked Republican senators to oppose electoral votes in light of the vast amount of evidence his legal team has presented about widespread election fraud in at least seven states.
If objections are filed, both chambers will debate for up to two hours whether the objections are valid or not. The arguments will be taken into account if they achieve the support of a majority in both chambers.
In the event that the objections are successful and no candidate achieves 270 electoral votes, the House will elect the next president.
What happens when no candidate reaches 270 votes
But one very important fact must be taken into account: the 435 members of the House will not each have one vote. Instead, delegations will be formed from each of the 50 states, and each of these will have only one vote. In other words, there will be 50 votes—one for each state—that will decide who will be the president.
So while the Democrats will be a majority in the House on that day, the Republicans will control more state delegations (30 out of 50). So if this happens, President Trump is likely to be re-elected.
“The law is very clear, the House of Representatives in combination with the United States Senate has the lawful authority to accept or reject Electoral College vote submissions from states that have such flawed election systems that they’re not worthy of our trust,” explained Republican Rep. Mo Brooks (R-Ala.).
“And in this instance, with what has happened nationally, I’m quite confident that if we only counted lawful votes cast by eligible American citizens, Donald Trump won the Electoral College, and we should not be counting illegal votes and putting in an illegitimate President of the United States,” continued Brooks.
Brooks said that he will present an objection, “On January 6, I’m going to object to the submissions of Electoral College votes from various states that, in my judgment, have such flawed election systems that their vote counts are unworthy of our ratification in the United States Congress.”
“If we have a House member and a senator, then by golly, that forces a House vote and a floor vote on whether to accept this systematically flawed election system or to reject it,” he added.
It is very likely that the objections can be considered by both chambers, since Sen. Josh Hawley (R-Mo.) has already announced that he will join the representatives in opposing the Electoral College votes.
“I cannot vote to certify the Jan. 6 polling place results without raising the fact that some states, particularly Pennsylvania, did not follow their own state election laws,” Hawley said in a statement.
“At the very least, Congress should investigate allegations of voter fraud and adopt measures to secure the integrity of our elections,” he said.
Millions of voters concerned about election integrity deserve to be heard. I will object on January 6 on their behalf pic.twitter.com/kTaaPPJGHE
— Josh Hawley (@HawleyMO) December 30, 2020
Within this framework, according to media reports, at least 140 Republican members of the House are expected to join the effort to object to the certification.
“140 certainly seems possible. … I wouldn’t be surprised if it were a little higher,” Rep. Denver Riggleman (R-Va.), who lost his party’s nomination earlier this year, told Forbes.
A crowd of supporters of President Donald Trump is expected to gather in Washington, in support of the president’s re-election and his demand for clarification of the multiple claims of voter fraud.
Ali Alexander, lead organizer of the Stop the Theft movement, expects 1.5 million people to rally. “This may be the biggest event in D.C. history,” he said.