WASHINGTON D.C.—Representative Doug Lamborn, R-Colorado Springs, in a press release Monday committed to joining more than 100 other members of Congress, including newly elected Colorado Congresswoman Lauren Boebert, in objecting to certification of the electoral votes of Arizona, Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan on January 6, when Congress convenes in a joint session to certify, count and declare the official results of the election.
In justifying his decision to object, Lamborn said, “The serious irregularities and improprieties marring the 2020 general election threaten America’s confidence in our electoral system.”
“A free and fair election system is one of the fundamental building blocks of our republic. As a Member of Congress, I took an oath to uphold the Constitution and the rule of law,” Lamborn continued.
The press release alleges “that some state election officials and state courts bypassed the constitutionally-vested authority of their state legislatures to make fundamental changes to election law.”
The Constitution vests plenary (complete) authority to set state election laws and procedures only in the state legislature, which may change them at will without needing a governor’s signature.
The press release points out that in the last 20 years, Democrats have attempted to trigger the disputed elections provisions of the US Code every time a Republican has won the presidency.
“Historically, there is precedent for Congress to reject electors. In 2005, Senator Boxer (D-CA) and Representative Jones (D-OH) contested the 2004 Bush Election. Most recently, Representative Raskin (D-MD) and other House Democrats objected to President Trump’s 2016 election victory,” says the press release.
A simple majority of 270 of the 538 electoral votes available determines who will be President.
In the event none of the top three candidates voted for by the electoral college receives a majority of all valid electors, the election of President falls to the House of Representatives. If Congress finds that some electors were not validly appointed and are disqualified, then the majority needed to avoid a House run-off drops accordingly.
Should that happen, “in choosing the President,” says the 12th Amendment, “the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.”
Currently Republicans hold a majority of state delegations in the House.
Provisions in 1 US Code 15 allow members of Congress to object to electoral votes. If a written objection signed by at least one Senator and one Representative is submitted to the President of the Senate, who is the presiding officer for the electoral count, both houses must convene separately to consider the objections.
In the case of electoral votes that have not been “regularly given,” which likely includes elector fraud or fraud in the underlying state votes appointing electors, “the two Houses concurrently may reject the [electoral] vote or votes.”
“Congress must closely and thoroughly examine the allegations of voter fraud and take appropriate steps to restore trust in the election process,” said Lamborn.
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