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Re: U.S Election 2020
A US Constitutional Law Professor on Twitter (@ProfBrianKalt) has pointed out a small problem with the Republican Members of the House/Senate who may try to overturn the State Certification in Congress on the 6th January (to stop Biden becoming President).
Quote:
More attention than usual will be paid on 1/3 to how the House forms at the start of a term.
The Constitution makes the House the sole judge of the elections, returns, and qualifications of its members. But who is "the House," given that everyone's term starts anew at noon?
The process relies heavily on state certifications ("returns"). The Clerk of the previous House uses them to form the roll.
Having a certification entitles you to swear in with everyone else. People can challenge you after that, but in the meantime, you have your seat.
The GOP reps who reject state-certified presidential results (and the law making those certifications definitive) will take their House seats on 1/3 solely based on…the presumed validity of their state-certified election results.
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