[The Epoch Times, December 18, 2020](Compiled by English Epoch Times reporter Zachary Stieber/Chen Ting) American presidential candidates must win more than half of the electoral votes to win the election.
Electoral CollegeThe system allocates a certain number of electoral votes to each state. When voters in each state vote for a party’s presidential candidate, they are actually voting for the party’s slate of electors. The political party announces its electoral list in spring and summer, and they are often the party’s older politicians.
The electoral votes cast will be calculated by Congress. If a certain group of candidates get more than 270 electoral votes, they will win the position of president and vice president.
What is a duel elector?
On December 14, the electors of the Democratic Party in seven states voted for the state’s certified Democratic candidate Joe.Biden.But at the same time, Republican electors also voted forTrump(Trump) President.
This phenomenon has caused seven groups of so-called “Dueling Electors” (Dueling Electors, Chinese translation of the name did not have a consensus, but also translated as “competitive electors”, “Electoral College“Duel”, etc.), or alternative slates. The electors of these two parties will be held on January 6, 2021.Congress, Sent the certification.
Although “dueto electors” is extremely rare, it has also happened in American history. The most recent one occurred in the 1960 presidential election. At that time, under the certification of the Governor of Hawaii, Republican electors voted for Richard Nixon, but Democratic electors also voted for Democrats. John F. Kennedy (John F. Kennedy).
Subsequent recounts confirmed that Kennedy actually won the state and announced his victory in the 1961 joint meeting.
John Eastman, a professor of law at Chapman University School of Law, mentioned the situation of Kennedy Nixon when he talked about these seven groups of duel voters.
He told NTDTV: “There have been precedents in history. In these states, every state has pending lawsuits challenging the election results. If the lawsuit proves to be successful, then the meeting has been held and the voting has been completed.TrumpElectors can certify these ballots, and on January 6CongressThe above is counted. “
Gary Gregg II, director of the McConnell Center at the University of Louisville, told The Epoch Times that unless there is “actual evidence of fraud,” Congress can certify another A group of electors, otherwise the electors certified by the governors of the states will be counted.In this case, all voters supportBiden。
He said that the electoral votes have been “officially counted” and sent up. He said: “There is nothing to do before it reaches Congress.”
“Opportunities are obviously pretty slim,” added Robert Hardaway, a professor at Sturm College of Law at the University of Denver, because of the current “challenges of all Trump and his supporters.” No success.”
He told The Epoch Times: “But the reason for doing this is that if the Republican Party’s list is determined in the future, they have already cast the electoral vote.”
Of these seven states, three (Michigan, Pennsylvania, and Wisconsin) Republicans currently control the state legislatures, while Democrats control the state government. In addition, the governments and parliaments of New Mexico and Nevada are controlled by Democrats, while Republicans have control of Joe State and Arizona.
The Republican Party did not receive enough support to enable the electors to be certified by the state’s highest electoral official (usually the secretary of state), and the state legislature did not exercise the constitutional power to withdraw the choice of which candidate to give the electoral vote that power.
According to the Congressional Research Service (Congressional Research Service), when two sets of electoral votes are received, members of Congress must deliberate and vote in a joint meeting. The acceptance of any list requires the consent of the Senate and the House of Representatives.
Both houses must agree to accept votes from either group at the same time, or decide not to accept either group. If the two houses do not reach a consensus, the vote will be counted based on the voter certified by the governor.
How does the joint meeting of Congress make a decision?
After the Electoral College voted this week, attention turned to the upcoming Joint Session of Congress, which will be held three days after the new MPs are sworn in.
At present, at least four people will object to the electoral votes of swing states in the House of Representatives. Including: Mo Brooks, Marjorie Taylor Greene, Barry Moore and Bob Good.
Objections must be presented in writing by at least one member of the House of Representatives and one senator. At present, Alabama’s elected Republican U.S. Senator Tommy Tuberville told the media that the Senate should support challenging the results of the Electoral College vote. He revealed that he would support Brooks in launching the challenge at the joint meeting.
President Trump (Trump) subsequently tweeted, praising Taberville as a man of courage and a hero.
In 2016, Democrats also challenged the results of the Electoral College vote, but failed because they did not have the support of the senators. In 2004, Rep. Stephanie Tubbs Jones and Senator Barbara Boxer opposed the electoral votes from Ohio, but then the two houses rejected the opposition.
According to the Congressional Research Service, the objection should be based on the fact that votes were not “routinely cast” by voters and/or voters were not “legally certified” based on state election laws.
If the objection meets the requirements, the joint meeting will be suspended, and the two houses will withdraw from the meeting to debate and choose whether to vote for the objection. Unless both houses support the opposition with a majority vote, it will fail. If it passes, it invalidates the state’s ballot or may result in the waiting list being accepted.
Some experts believe that the result of the opposition vote is actually difficult to happen.
“This is too impossible,” Greg said. “Should the Senate and the House of Representatives pass at the same time? At this point…this is impossible.”
“Neither house will approve the opposition,” constitutional scholar Alan Dershowitz told NTDTV via email.
However, some experts have different opinions.
“I think that when entering a joint meeting of Congress, based on the evidence and illegal acts presented at the time, disputes over which electoral lists should be counted.” Eastman said.
As of the current number of certified votes, Biden has 306 electoral votes, while Trump has only 232. The Epoch Times has yet to announce the winner of this election.
In 1877, when the Joint Conference of Congress was meeting to count the electoral votes, it also faced confrontational electors from many states, and the number of votes was also quite controversial. At that time, the Democratic-controlled House of Representatives and the Republican-controlled Senate finally reached a compromise and formed a committee that included members of the House of Representatives, senators, and Supreme Court judges.
The committee held meetings for several weeks, and then decided on March 2 that the controversial electoral vote was awarded to Republican Rutherford Hayes, who was also elected president of the United States.
NTDTV reporters Kevin Hogan, Cristina Kim, and Paul Greaney contributed to this report.
Editor in charge: Ye Ziwei#