Tomorrow the Electoral College will meet in the 50 state capitols and Washington, DC and select Joseph R. Biden as President-Elect and Kamala Harris as Vice President-Elect. These results will be submitted to the President of the Senate. Pursuant to 3 USC Sec. 15, the results /1

Are presented in a joint session of Congress on January 6th. At that time any objections to these results can be made-

If such objections occur, the procedure is as follows-

Note that 3 USC Section 15 further states-

This is one of the most perplexing passages of the Electoral Count Act. It says certifications given pursuant to 3 USC Section 6 can not be rejected UNLESS both Houses of Congress reject them. So they can be rejected if both houses reject them. I mean that’s just stupid.

Of course Democrats will control the House so that’s not happening but what happens if one party controls both Houses? Can they overturn an election? According to this they can. Personally I believe that would violate the Constitution and this provision is unconstitutional.

In any event, we don’t have to worry about that here. Does Trump have anything else he can do? 3 USC Section 15 continues-

So if more than one slate of Electors is submitted (say Michigan state legislature puts a slate in for Trump) then the one that complies with 3 USC Section 5 is honored. That would be the Biden slate. Unfortunately the provision again overrides this language

Stating -

We’re back to the houses of Congress deciding concurrently they can override everything. So here we’re split. What’s the tiebreaker? The slate submitted by the Governor seems to be the answer -

Is this stuff enforceable? If so how? Good question. No one knows. Never been a case on 3 USC Section 15. Who gets sued? Pence as President of the Senate? Does the right belong to the State? The Governor? The candidates?

When would the suit be ripe? Can you seek a declaratory judgment? What’s the threshold for a case of controversy? Would Pence have to announce it before? Or do you wait till he does it?

Look I don’t expect this to happen man what an absolute disaster the Founders made and the Congress has compounded it with this pretty unworkable Electoral Count Act. We probably get away with it here but you could easily have seen a scenario where we would’nt have. Fin.