Amendment 12 of the U.S. Constitution provides that the certified votes of the Electoral College (electors from each state) shall be submitted to the “seat of government;” specifically the President of the Senate (current Vice President of the United States) in Washington, D.C. It provides that the votes will be counted in a joint session of the U.S. Congress (Senate and House of Representatives), and that the candidates with the most votes shall be the new President and Vice President of the United States. Provision is made for congress to resolve tie votes and cases where no candidate gets a clear majority of the votes. After that, things become unclear.
So what happens if the Congress does not accept the legitimacy of the elector’s votes? On January 6, 2021, we may find out. Although the constitution does not address the issue, situations have come up in the past where not all members of congress agreed about the acceptability of the electoral college vote. In those cases, the Congress was able to resolve its differences. Laws have been passed to try to deal with those cases where the legality of the popular vote is disputed. The laws, however, are not very clear.
I will not attempt to explain the process that is unfolding regarding the 2020 general election. Like most Americans, I do not understand all the legal ins-and-outs involved, and no one seems to be able to explain it in layman’s terms … in a way that is understandable to someone who had not had the “benefit” of a legal education. Sadly, we are just going to have to watch and see how it all shakes out. Please refer to the following link for more information on the process:
https://constitutioncenter.org/blog/explaining-how-congress-settles-electoral-college-disputes
Several members of Congress have already stated that they will not accept the current vote of the Electoral College, due to irregularities in the conduct of the popular vote in a number of states, including Pennsylvania, Georgia, Michigan, Wisconsin, Nevada, Arizona, and New Mexico. Further, the Trump campaign and others are still fighting it out in court. It seems clear that we are in for a rough road ahead after 6 January.
Additionally, it looks like the results of disputed 2020 election will take time to be decided. Therefore, I appeal to my fellow Americans in the strongest terms to be patient and let things get resolved without riots and violence. Rather, I urge you to write your Senators and Congressmen or to petition. If you plan to demonstrate, that is your right, but please organize it in ways that prevent violent, disruptive groups from turning your peaceful protests into violent chaos. Nobody wins when that happens. It just makes things worse.
I am not urging people to give up or to turn their backs on what they think is right. I am asking that we all keep our tempers and do the right thing, nonviolently.
