Electoral College Process Allows For Principled Objections

By Royal Alexander/Opinion

Votes not ‘regularly given’ or an elector not ‘lawfully certified’ include objections to individual electoral votes or to state returns as a whole

Polling indicates that as much as 54% of the country feels the presidential election was not fairly and honestly conducted and, therefore, that the outcome is illegitimate. So, at this point, what can be done about that?
Short of the U.S. Supreme Court deciding to hear a case that challenges the voting procedures in the contested states, the only likely constitutional and/or statutory path left is an objection in the Joint Session. The objection would have to be based on the allegation that an electoral vote was “not regularly given” or that an elector was “not lawfully certified.” (3 U.S.C. § 15). These two grounds are considered by legal scholars to include objections to individual electoral votes or to state returns as whole.

The specific procedure for making objections to the counting of electoral votes is as follows: The objection must be presented in writing and must be signed by at least one Senator and one Representative. The objection must state clearly and concisely, and without argument, the grounds for the objection. When an objection is properly made in writing and endorsed by at least one Senator and one Representative, the joint session is suspended, and each house then meets separately to consider the objection.
So, the House meets alone and the Senate withdraws from the House chamber to also separately consider and debate the objection for no more than two hours and then vote whether to count the electoral vote (s). If both houses then vote separately and, by a simple majority, don’t each agree to the objection, the objection fails and those electoral vote (s) are counted.

Of course, the reason the electors are so important is because the Electoral College is the formal body that actually elects the President and VP. Each state has as many “electors” in the Electoral College as it has Representatives and Senators in the U.S. House and U.S. Senate. (LA. has 8). So, when voters vote in a Presidential election, they are actually voting for a slate of electors who vow to cast their ballots for that ticket in the Electoral College.

On Jan 3, 2021, the new Congress will be sworn in. On Jan. 6, 2021, at 1:00 pm, the new Congress counts the electoral votes at a joint session of the U.S. Senate and U.S. House in the U.S. House chamber. The President of the Senate, Vice President Mike Pence, presides over the joint session. This process usually certifies a winner of the presidential election.

We will see whether it does this time. Even if the outcome of the election is not changed, making objections that must be separately heard and voted upon is a highly visible—and highly principled—manner by which to formally declare on the record whether this election was conducted in a way that deserves the faith in, and support of, millions of American voters.

(P.S. As an aside, I offer again that the State Legislatures in each of the disputed states—Michigan, Wisconsin, Georgia, and Pennsylvania—clearly possess the plenary (complete) constitutional authority to decide which electors to certify. Recall that because the new Congress doesn’t meet until Jan. 3rd, electoral votes are not counted until Jan. 6, and a new president is not inaugurated until Jan. 20th, any certification that has been made—remember Dec. 8th and Dec. 14th are statutory deadlines not constitutional ones—can still be rescinded and a correct certification of electors made by each legislature. It is the state legislatures that must act).

The views and opinions expressed are not necessarily those of the Natchitoches Parish Journal.  If you have an article or story of interest for publishing consideration by the NPJ, please send it to NPJNatLa@gmail.com.

24 thoughts on “Electoral College Process Allows For Principled Objections

  1. Individual 1 and GOP have lost 50 (fifty) post election lawsuits. Even his beloved (not so much now) Supreme Court tossed out his suit for voter fraud. You have all the proof. Can’t prove what never happened.

    • New Year and we were all hoping Vicki had checked herself in somewhere to work on getting those snakes in her head flushed!

      • I’m sure that truth does sound foreign and crazy to you folks that have never heard it. I hope they can soon find their way out of the darkness. Come into the light and see again.

  2. Monmouth poll says differently. “While 60% of Americans believe Biden won the election fair and square, 32% say he only won it due to voter fraud.” For the crowd that listens to alternate “news”, 75% believe otherwise.

  3. Who when they have a race to run says If I don’t win, the race is rigged? How childish. He was planning for his loss already. Lies, hoaxes, conspiracy theories. Keeps some folks still looking for boogers in the bushes while he and his cohorts rob our nation. A wise woman once told me Don’t listen to what they say, watch what they do.

    • If those Trump haters actually watched what he did and understood the numbers and not listened to the democratics and bias media you all would have voted Trump.

      • Jan. 22: On whether he was worried about a pandemic: “No, we’re not at all. And we have it totally under control. It’s one person coming in from China.” Jan. 29: “Just received a briefing on the Coronavirus in China from all of our GREAT agencies, who are also working closely with China. We will continue to monitor the ongoing developments. Feb. 10: “I think the virus is going to be — it’s going to be fine.” Feb. 19: “I think it’s going to work out fine. I think when we get into April, in the warmer weather, that has a very negative effect on that and that type of a virus. So let’s see what happens, but I think it’s going to work out fine.” Feb. 24: “The Coronavirus is very much under control in the USA. … Stock Market starting to look very good to me!” Feb. 25: “I think that’s a problem that’s going to go away.” Feb. 26: “Because of all we’ve done, the risk to the American people remains very low. … When you have 15 people, and the 15 within a couple of days is going to be down to close to zero. That’s a pretty good job we’ve done.” All quotes taken from The Washington Post. You get the idea. It’ll be gone by Easter. It’ll be gone when warm weather comes. It’ll be gone by the 4th if July. It’s no worse than the regular flu. The real numbers don’t lie. We fully understand the numbers. 340,553 have died in the US. 19,655,574 cases in the US. Check how many are now hospitalized. So far.. Don’t listen to what they say, watch what they do.

        • Wait, Vicki, why are you trying to change the subject. Aren’t we discussing voter fraud? But I guess your red hot hate of Trump could explain why you want to change the subject.. You really don’t want to discuss voter fraud. You are a real piece of work.

          • I want to reply to Vicki, you say Republicans are laughed out of courts. and you know you are stretching that. I do know that there are a lot of liberal judges out there who don’t care to get in the middle of this and be on the bad side of the ones who are really in charge of the dem party. Some are afraid of the mob scene that will follow if they ruled in favor of President Trump, and actually ruled for a recount, and shot down the victory of Biden, the puppet. I personally don’t have anything against Biden, except he is not mentally stable enough to run this country, and now, before he even takes office, he is ready to buddy up to the Chinese, the country from whence the COVID came. Anyone want to take bets over whether Hunter is tried for what he has done when he was playing footsie with the Chinese and his father was the Vice President. You dems take great measures to overlook that fact, don’t you. And Hunter was in cahoots with a Russian Mayor’s wife. Hmmm, wonder why he was worth so much money to her??? It has never been explained to anyone’s satisfaction.

            As for judges in this country, many, many are so liberal it’s to the point of releasing murderers back out on the street with a slap on the wrist. This was just witnessed here in Natchitoches. Now anyone want to tell me that was a good decision on the part of a judge, any judge, except we know that our judges are liberal, and one of them made that decision. We know we don’t have conservative judges in this town, we unfortunately have liberal judges, and they are not ruling appropriately on things brought before them, so why should I think the ones around the country would be fair and impartial. Yes, I can believe these judges would rule unfairly in these cases then laugh about it. They are laughing because they cheated and got it past the honest people of America. We do know that not all people are honest, and that includes judges and attorneys. I can’t say what judges are honest and which ones are will to pad their pockets over a minor things, and even major things like throwing a presidential election. But judges have been in trouble for far less, and I have no doubt that there are judges out there who can afford a really nice vacation this year. This whole affair stinks of fraud, and if you can’t see it, you are choosing not to see it because of your hate.

            At some point, I pray that there will be a judge brave enough to stand up against the threats of the thugs and murderers who seem to be answering to the ones who are really in charge of the dem/sociocratic party. A judge who will right the wrong that has been done. Once the crooks have gotten away with this, there will be no stopping them in the future. Blast me and talk down to me in your special democratic way of name calling, you will not change my mind. Even if Joe goes on to be sworn in and serve, this election will forever be talked about as the election that was the biggest fraud in the history of elections, and we had a president who was not really the elected president. A fraudulent president maybe???

  4. 2016-2019 the presidential election was rigged we heard it for four years! The the 2020 election cones along and we hear that it’s impossible to rig a presidential election! Then we are told by the democratics and election officials that there was no WIDE SPREAD fraud! We know the democratics tend to exaggerate in a wide spread manner on everything!
    Well they wanted The Old Sniffer now they have him. Can’t wait to see how people like VICKI try to spin the facts when they see what they have.

  5. So this is what I FEEL.
    Read: The Corruption Chronicles by Tom Fitton of Judicial Watch, p130-131. (I know another FOIA)
    ACORN (Association of Community Organizations for Reform NOW) a group that is closely tied to Obama whose purpose was to increase voter registration for minorities and other needy people.
    It says: “In the 2008 election cycle, the ACORN operation submitted registration forms with false names like Mickey Mouse, as well as the starting lineup for the Dallas Cowboys, not once, but twice. Fully 30% of the 1.3 million new voters ACORN claims to have registered this year are believed to be illegitimate.”
    It goes on to add a lot more explanations of voter fraud in the Obama victories.
    And now so many accusations about Dominion voter machines with ties to China, and many claims that votes were not processed fairly. We may never know, but I will never believe that this election was fair.

  6. That was articulated well , yet highly flawed . I suspect that your political alliance guided your thoughts instead of the rule of law. You choose to name the swing states , yet did not so state that if your view is correct that all state legislators would have the right to overturn the will of their voters and choose another candidate. SMH simply speaking your opinion was another hit piece , not in support of our constitution or democracy, but instead assault on all of our values .

  7. Wow, and you’re an attorney? Get your facts straight . Actually as of Nov 18, 54% of Americans believe they have enough evidence to know who won the election. Biden/Harris are the winners and will take office on Jan. 20.

    • Vicki, how can you so consistently get things wrong? People were polled about this. The results might surprise you. Though in other polls, the percentage of Republicans who thought the election was rigged was much higher. This comes from a reputable source.

      “ When 62 percent of Republicans are convinced it is “very likely the Democrats stole the election,” according to a Rasmussen poll, and 28 percent of independents and 17 percent of Democrats agree, “Houston, we have a problem.”

      Democrats, your own people, agree that the election was stolen, then handed to Biden on a silver platter.

      Even before the election, many believed the fix was already in play.

      “ Voters on both sides of the aisle equally believe there is a possibility that the 2020 presidential election will be rigged, a new Hill-HarrisX poll finds.

      Thirty-seven percent of Republican registered voters in the Sept. 21-22 survey said the 2020 election will probably be rigged, while 36 PERCENT OF DEMOCRATIC VOTERS SAID THE SAME THING!

      Independents were slightly more inclined to say the election will be rigged, at 40 percent.”

      Vicki, a lot of people think Biden didn’t win. The fix was in way before November, 2020. Please tell me one thing, WHY are SOCIOCRATS so afraid of recounts, of verifying signatures, of checking voting machines that were said to be defective, of looking at video that shows some weird things going on. Y’all are scared to death you’re gonna get caught with your hands in the ballot box. CHEATING, LYING, STUFFING, BRIBING. Now you, loyal Sociocrat Vicki, you tell me where I’m wrong and then explain why y’all are afraid.

      Biden is worthless and Harris plays the game well, but she is not presidential material.

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