Members of Congress from the Republican Party intend to use the 1880 law to force an outcome other than the victory of the Democratic Party.
This is the latest move: at least 18 allies of President Donald Trump in Congress, made up of the Democratic-majority House of Representatives and the Republican-majority Senate, admit that they will try the legal means to reject Joe Biden’s victory in the elections . November presidential elections; the Democrat totaled 306 electoral college seats compared to just 232 for Trump. These allies intend to use an 1880 law that allows members of Congress to challenge the election results of each of the 50 US states and have Congress as a whole vote whether to accept the result. The record has been tried several times in recent years by the losing parties, but the final vote has never changed.
For the plan to be successful, as the Washington Post explains, the 18 Republicans in the House of Representatives need at least one senator to ratify each challenge. Senator Josh Hawley of Missouri said he would join the objection in Pennsylvania “and possibly other states”; Alaska’s new senator Tommy Tuberville will also want to join the rebuttal attempt.
Historically it is not normal to see senators in this type of political struggle, but, as the facts remind us, it is not a normal post-election period either: Trump, the defeated outgoing, has it all. He tried to reverse the results that gave him 70 million votes and 78 million from Joe Biden – widely repeated false accusations of mass fraud, defamation of the mail vote, which he repeated the day before yesterday in a rally in Georgia, and more than 50 failed lawsuits.
A confusing 140 year law
The role of Congress is central, from the election of the date to the ratification of the results. Each state has already certified their votes and the Electoral College has already voted on December 14; now only that formality is missing: the States send the vote totals of the College to Congress and Congress and confirm them, fixing the official final result, which will take place today, with the final announcement made by Mike Pence, Vice President of Atout.
Thus, legislators will have a central role, with emphasis on the group of 18 challengers who will explore the 1880 law, known as the “Electoral Counting Act”, which many jurists have heard from “The New York Times” in considering it ” extremely confusing ”and even“ poorly written ”because it is a law created only to guide Congress in the event of a meaningless dispute over the winning candidate, which it is not. Election law experts rightly say that “Republicans misinterpret a law older than 140 years” and that “Congress cannot, at will, override democratically decided results.”
But with the challenge promised by Senator Josh Hawley, today we will see avenge at least one legal process that challenges the election. Experts warn that the law is so complicated that if one really does go into this process, “there will be a lot of room for disagreement and legal reverie,” and it is always necessary that each challenge be signed by a new senator. . But even Mitch McConnell, the influential leader of the Republican Party and a longtime Trump ally, once said, “Don’t go.”