Missouri Republican Senator Josh Hawley has vowed to challenge President-elect Joe Biden’s Electoral College win on January 6. But according to attorney Gabriel Malor, Hawley’s challenge has no way of being successful.
Malor, who sometimes writes for conservative sites like The Federalist, The Washington Examiner and National Review, walked through the rules on Twitter explaining how such a process actually works.
“Some Trump tryhards are telling each other that an objection immediately sets up the state delegations to vote instead of counting the electoral votes. That isn’t true,” he tweeted.
“First, for an objection to a state’s electoral votes to even be considered, it must be (1) made in writing and (2) signed by at least one Senator and one Representative,” he continued. “If those conditions are met, then the joint session of Congress is suspended, and the Senators leave the House chamber and go back to the Senate chamber. Each house then has not more than two hours to debate the objection and vote to accept or reject it.”
According to the rules, both the House and Senate would have to vote to accept objections to the electoral votes. Given that the House is in Democratic hands, it’s not happening any time soon.
Here's what actually happens.
First, for an objection to a state's electoral votes to even be considered, it must be (1) made in writing and (2) signed by at least one Senator and one Representative.
— Gabriel Malor (@gabrielmalor) December 30, 2020
Both houses must vote by simple majority to accept the objection to a state's electoral votes.
If either house rejects the objection (or if both do), then the state's electoral votes will be counted.
— Gabriel Malor (@gabrielmalor) December 30, 2020
As I observed earlier today, much like Sen. Cruz's futile gov't shutdown over Obamacare in 2013, I have no doubt this will be a fundraising bonanza for Hawley.
As Sen. Cruz would learn three years later, tho, there's always someone crazier ready to jump in and steal your shot.
— Gabriel Malor (@gabrielmalor) December 30, 2020
Malor’s assessment was backed up by former acting-Solicitor General Neal Katyal, who explained that courts have already decided on this and that Hawley is really just trying to raise money for his campaign.
Sen. Hawley is talking nonsense. His claims have been repeatedly rejected by cts across the country, incl Trump's own nominees. There is no chance it will be successful, as it requires the House to agree. This is a fundraising+publicity stunt, not a serious attempt at governance.
— Neal Katyal (@neal_katyal) December 30, 2020
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