The importance of this is that, in order for an objection to an electoral vote certificate to be considered, it must be made by at least one member of each chamber.

https://twitter.com/daniellamicaela/status/1338919144931127297

It was on this basis--the failure of any senators to sign objections made by members of the House--that Vice President Biden, presiding as president of the Senate, was able to summarily swat away objections ...

... made by some House Democrats to some of the electoral votes cast for Trump in the 2016 election.
c-span.org/video/?421237-…

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George Conway

@gtconway3d

15 Dec

In 1960, after an initial count showed that the Republican candidate for president had won the state by 115 votes, the Republican governor of Hawaii initially certified a slate of Republican electors.
dorfonlaw.org/2020/12/stephe…

But after a recount changed the result in Democratic candidate's favor (he ultimately won by 141 votes), the governor transmitted a second certification, in favor of the Democratic electors, who were pledged to their candidate, John F. Kennedy.
en.m.wikipedia.org/wiki/1960_Unit…

When the matter got to Congress in January for the official counting of the electors votes, the presiding officer accepted the Democratic votes from Hawaii and rejected the Republican ones, even though both had been certified by the governor.
dorfonlaw.org/2020/12/stephe…

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George Conway

@gtconway3d

14 Dec

Article II, section 1 of the Constitution of the United States (excerpt)

The Twelfth Amendment to the Constitution of the United States (excerpt)

Title 3, sections 7, 8, and 9 of the United States Code

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George Conway

@gtconway3d

12 Dec

@TimothyNoah1

@TimothyNoah1 That’s because the procedural posture was a motion for leave to file a complaint. The majority of the court takes the view that it has discretion to decline to exercise its jurisdiction over cases between states. Alito and Thomas take the view the language of the relevant ...

@TimothyNoah1

@TimothyNoah1 ...constitutional language is mandatory, and that the Court can’t just say no, you can’t file a complaint. That’s not a crazy position, because the provision at issue uses the word “shall,” which suggests the mandatory exercise of jurisdiction, not discretionary.

@TimothyNoah1

@TimothyNoah1 So the Alito/Thomas position is that they have to let the complaint be filed, because the Court can’t refuse any case between states. But that doesn’t mean it has merit, and that it wouldn’t be dismissed for any number of grounds, including the fact that Texas had no standing ...

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