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#1 |
Penultimate Amazing
Join Date: Jul 2003
Location: WA USA
Posts: 10,263
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Certifying the Vote.
So we have several Congresscritters who say they will object to the certification of the electoral votes by Pence on the 6th. The relevant law is here; https://uscode.house.gov/view.xhtml?...edition=prelim
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Ranb |
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#2 |
Nasty Woman
Join Date: Feb 2005
Posts: 86,986
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They have multiple motives.
Fundraising Drunk on the Trump Koolaid Planning to run for POTUS in 2024 Think it makes them more appealing to their base at home It will interesting to see what Pence does. It's clear he can't technically or legally proclaim the vote rigged. He made an overture to Trump implying Pence might satisfy Trump. |
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#3 |
Penultimate Amazing
Join Date: Nov 2006
Posts: 10,768
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Just the fact that Democrats control the house means they are wasting their time.
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#4 |
Penultimate Amazing
Join Date: Dec 2012
Posts: 28,293
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You understand it. This is a political stunt. And in my opinion a poor one.
For the objection to a State's slate of Electors to be upheld and thus a rejection requires a majority in both the House and the Senate. By all appearances they will get neither. But they can slow the process down and make speeches. In theory this could go on for a week. It depends on how many states they might object to. Figure 2 and a half hours for each state objected to. |
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Just because I'm paranoid doesn't mean they're not out to get to me. . |
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#5 |
Philosopher
Join Date: Nov 2004
Posts: 6,449
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It has been reported that the Trump electors from some states won by Biden have sent in their own certificates. Under the same law for objection to votes (3 USC 15) the House and Senate would probably have to vote on which certificate to accept. So it may have to go to a vote even if a Representative and Senator do not object.
The law is horribly written. Most of it is one big run-on sentence. It is difficult to untangle and interpret what it actually says. The law says that if there is more than one certificate purporting to be a return from a state, then only the votes from the certificate issued according to law are to be counted. But it doesn't say who determines that or how. It then goes on to say that if there is a question about which State authority can lawfully appoint electors, then it goes to the House and Senate. If the two Houses disagree, then the votes on the certificate issued by the executive of the State (Governor) are counted. This gets a bit more complicated because the certificate of ascertainment of electors is sent to the Archivist. The Archivist sends copies to both Houses. But the elector's certificate of votes is sent to the President of the Senate, although copies are also sent to the Archivist. Presumably Pence will have to open the fake certificates because the law says he must open "all the certificates and papers purporting to be certificates of the electoral votes". I don't think there is any legal means to weed those out before hand. But then what? Do the tellers decide that one of those certificates is lawfully are read that one, or does Pence declare one of them to be lawful, or does Pence say it has to go to a vote? I'm not sure. This happened in 1960. Nixon initially won Hawaii. The Secretary of State as acting Governor issued a certificate for the Nixon electors. But then there was recount and Kennedy actually won. In a lawsuit the court declared Kennedy the winner. The actual governor issued a certificate for the Kennedy electors under the authority of that court decision. Nixon had lost; the votes from Hawaii didn't matter. Nixon was the Vice President. When Nixon got to the Hawaii votes he entered both certificates into the record. He asked for unanimous consent to accept the the certificate from the actual Governor, which was not objected. But Nixon did specifically say this was not intended to establish a precedent. It will be interesting to see how this all plays out. I expect the Parliamentarians have been very busy the past few weeks writing up advice for Pence and the House and the Senate on how this should all play out. But this means that the states with duplicate votes will likely go to a vote anyway and any objections will just be basically redundant. |
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#6 |
Penultimate Amazing
Join Date: Oct 2012
Location: Nelson, New Zealand
Posts: 16,807
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Of course, the Democrats could speed things considerably by simply not having anything to say. Each time its their five-minute turn to speak, they should simply pass on making any comment - let the Repugnicans do all the talking and ranting - don't give their claims the oxygen they need by even addressing them at all, give them nowhere to go - nothing to argue against. Then, at the end, after the Trumpers have all finished making fools of themselves, Chuck Schumer (Senate) and Steny Hoyer? (House) are the only Dems to speak, and even then not even taking up more than a few minutes to say something like this.....
"I have been authorised by my House/Senate colleagues to speak on their behalf. We all agree that there is no evidence to support the claims of fraud in the case of the {State name} election, and that such claims have no basis in fact" |
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I want to thank the 126 Republican Congress members for providing a convenient and well organized list for the mid-terms. - Fred Wellman (Senior VA Advisor to The Lincoln Project) ![]() |
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#7 |
Philosopher
Join Date: Nov 2004
Posts: 6,449
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That isn't how is works. The time isn't divided between parties. Anybody who want to speak can do so for up to five minutes until the two hours has expired.
There aren't strict rules on the order, but there is are guidelines that are followed in determining the order in which people are allowed to speak. I forget what they are and am too lazy to look them up...something like seniority and alternating between parties. The the Democrats do not choose to speak, it would be two hours of Republicans ranting about how the election was rigged and stolen. |
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I don't need to fight to prove I'm right. - Baba O'Riley |
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#8 |
Penultimate Amazing
Join Date: Oct 2012
Location: Nelson, New Zealand
Posts: 16,807
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You said its not how it works, but then you said that it is
![]() The Dems not have to speak right? They should just let the GOPs speak, then when the GOPs have all had their five minutes, the House Leader and the Senate Minory Leader make their dismissive statement at the end Good.. it will make them look like fools. |
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I want to thank the 126 Republican Congress members for providing a convenient and well organized list for the mid-terms. - Fred Wellman (Senior VA Advisor to The Lincoln Project) ![]() |
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#9 |
Philosopher
Join Date: Nov 2004
Posts: 6,449
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That isn't going to speed anything up.
Democrats are not going to give Republicans a two-hour soapbox to spew propaganda unopposed. Nor should they. They should speak to defend against the objections and put on the record that the claims of widespread election fraud are false and have been proven to be false. And that the use of this type of objection is a dangerous attempt to subvert democracy. I expect even some Republicans will speak condemning the the objections. This isn't a game. |
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I don't need to fight to prove I'm right. - Baba O'Riley |
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#10 |
Muse
Join Date: Jun 2003
Posts: 902
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#11 |
Penultimate Amazing
Join Date: Nov 2010
Posts: 20,240
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#12 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 17,122
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Just wondering... When they give their little talks... Do democrats have to stay on topic (basically just repeating "no fraud, this harms democracy" over and over)? Or can they talk about anything?
What they could do (if allowed) is use their alloted time to attack trump and the republicans. Remind people that they are trying to steal the election on behalf of a man who bankrupted a casino and suggested injecting bleach to cure covid. Or after gym Jordan speaks, remind everyone about the assault allegations. Or after Nunes speaks talk about him trying to sue a cow. Just think... It's nationally televised, it will probably have a huge audience, and the republicans won't have a chance to respond (not without deviating from their "election fraud") script. And it might do more damage to the republicans than yet another "no fraud, you are harming democracy" speech. Sent from my LM-X320 using Tapatalk |
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Trust me, I know what I'm doing. - Sledgehammer I'm Mary Poppin's Y'all! - Yondu We are Groot - Groot |
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#13 |
Philosopher
Join Date: Sep 2008
Posts: 6,529
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I think the idea that bad ideas must always be dignified with a direct rebuttal tends to give them more airtime and gravitas than they deserve.
It's part of why Trump nonsense has gotten so much airtime (but not the only reason). It's part of the reason ******** alt-right demonstrations always get counterprotestors and a good amount of the time that escalates to violence. Our attention isn't so goldfishlike that every wrong utterance NEEDS to be immediately addressed in the same venue. People who would take the ******** seriously at this point after two months of public shouting about it through every medium, are probably not going to be set straight by a rebuttle on c-span anyway. |
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The weakness of all Utopias is this, ... They first assume that no man will want more than his share, and then are very ingenious in explaining whether his share will be delivered by motorcar or balloon. -G.K. CHESTERTON |
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#14 |
Graduate Poster
Join Date: Dec 2012
Posts: 1,576
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Silence often is read as agreement or permission.
Those that argue someone should not address someone's else in(s)ane rants are fools. |
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Sanity is overrated. / Voting for Republicans is morally equivalent to voting for Nazis in early 30's. |
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#15 |
Philosopher
Join Date: Sep 2008
Posts: 6,529
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Context dependent.
Anyone who thinks democrats agree with these claims of fraud because they choose not to dignify them is probably not watching c-span. I think much of this forum is imbued with a useless compulsion to address bad ideas. If you pass someone on a street corner in a tinfoil hat ranting about the end of the world, you don't need to stay there for hours tirelessly rebutting every argument. |
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The weakness of all Utopias is this, ... They first assume that no man will want more than his share, and then are very ingenious in explaining whether his share will be delivered by motorcar or balloon. -G.K. CHESTERTON |
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#16 |
Penultimate Amazing
Join Date: Oct 2012
Location: Nelson, New Zealand
Posts: 16,807
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__________________
I want to thank the 126 Republican Congress members for providing a convenient and well organized list for the mid-terms. - Fred Wellman (Senior VA Advisor to The Lincoln Project) ![]() |
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#17 |
Penultimate Amazing
Join Date: Sep 2001
Posts: 20,133
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No states have sent two sets of electors this year.
There are non-electors who have sent their votes to....someone, but that is not from the states. Their claims that their votes were approved by the state legislatures is nonsense, because the state legislatures have not been in session since the election, and therefore have had no opportunity to approve alternate electors, even if they wanted to. There is only one set of electors for each state. The votes are 306 - 232 in favor of Biden. |
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"As your friend, I have to be honest with you: I don't care about you or your problems" - Chloe, Secret Life of Pets |
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#18 |
Scholar
Join Date: Aug 2017
Posts: 64
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So, since we're looking at bad-faith-scenarios left and right, let's just assume that for some reason one party has majorities in both chambers, and the presidential candidate from the other party wins the presidency.
Would it then be within the authority of Congress to just reject the electoral votes for the winning candidate and install their guy instead? The arguments I'm hearing go along the lines of "don't worry about such an atrocity, after all the Democrats control the House (and there are some Republican Senators with some leftovers of a spine as well)". This doesn't really convince me that this process isn't ripe for blatant abuse at some other time. |
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#19 |
Penultimate Amazing
Join Date: Nov 2010
Posts: 20,240
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#20 |
Penultimate Amazing
Join Date: Sep 2001
Posts: 20,133
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"As your friend, I have to be honest with you: I don't care about you or your problems" - Chloe, Secret Life of Pets |
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#21 |
Penultimate Amazing
Join Date: Dec 2012
Posts: 28,293
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Also, these are politicians. Many who live for this kind of limelight. I doubt many are going to pass on the opportunity. The speeches are likely to be separated fairly equally between Democrats and Republicans. But the only a quarter of the GOP Senators are supporting the objection. That means 88 percent of the speeches in the Senate will be for accepting the Biden votes. In the House it will be more like 66 percent. Either way, at the end of the debate session, both Houses will vote to accept or reject the votes.
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Just because I'm paranoid doesn't mean they're not out to get to me. . |
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#22 |
Scholar
Join Date: Aug 2017
Posts: 64
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#23 |
Nasty Woman
Join Date: Feb 2005
Posts: 86,986
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The Democrats might have an option of walking out, letting the idiots speak for two hours, walking back in and moving on.
The other option which I'm not sure is viable is to make the meeting private so the Republicans have no audience. A third option so they keep half of the 2 hours is to talk about coups and dictatorships around the world and in history. For example, news of how Maduro took control of Venezuela after Chavez would be a good topic. Or they could talk about both Chavez and Maduro. |
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#24 |
Penultimate Amazing
Join Date: Nov 2003
Location: Port Townsend, Washington
Posts: 31,059
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Cum catapultae proscribeantur tum soli proscripti catapultas habeant. |
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#25 |
Penultimate Amazing
Join Date: Nov 2010
Posts: 20,240
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So the two hour debate is in separate chambers. What does cspan show? Do the republicans just speak at the same time? One side probably can't delay one hour waiting on the other chamber.
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#26 |
Great minds think...
Join Date: Dec 2011
Location: North Dakota
Posts: 8,478
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"Circumcision and death threats go together like milk and cookies." - William Parcher “There are times when the mind is dealt such a blow it hides itself in insanity. While this may not seem beneficial, it is. There are times when reality is nothing but pain, and to escape that pain the mind must leave reality behind.” - Patrick Rothfuss |
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#27 |
Illuminator
Join Date: Jun 2007
Posts: 3,612
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I see this more as giving a middle finger to democracy than as a stunt
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#28 |
Nasty Woman
Join Date: Feb 2005
Posts: 86,986
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#29 |
Nasty Woman
Join Date: Feb 2005
Posts: 86,986
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#30 |
Penultimate Amazing
Join Date: Nov 2010
Posts: 20,240
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#31 |
Great minds think...
Join Date: Dec 2011
Location: North Dakota
Posts: 8,478
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__________________
"Circumcision and death threats go together like milk and cookies." - William Parcher “There are times when the mind is dealt such a blow it hides itself in insanity. While this may not seem beneficial, it is. There are times when reality is nothing but pain, and to escape that pain the mind must leave reality behind.” - Patrick Rothfuss |
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#32 |
Penultimate Amazing
Join Date: Nov 2010
Posts: 20,240
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#33 |
Penultimate Amazing
Join Date: Jul 2011
Posts: 12,239
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#34 |
Penultimate Amazing
Join Date: Aug 2001
Location: Sorth Dakonsin
Posts: 24,889
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How's Trump going to command the news cycle tomorrow (or whenever the debates get done) when VP Pence announces PE Biden as the new President? A simple Tweet -- "PENCE! YOU'RE FIRED!"
(I don't even know if he can fire Pence, but one can be sure he's looking into it.) (eta -- He can't. But that won't stop him from trying.) |
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Science is self-correcting. Woo is self-contradicting. |
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#35 |
Philosopher
Join Date: Sep 2008
Posts: 6,529
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If the same party controls the white house and both houses of congress, it doesn't really matter what's technically in their legal authority. Trump and his circle have done a great number of illegal things. The fact that he lacked the legal authority to do them didn't matter because there was no power to hold him accountable.
There is no difference between a party with a monopoly on federal power negating the will of the people legally or illegally. Who's going to stop them if they don't respect the rule of law? The supreme court? They have no enforcement capacity. Whether the authority is technically legal or not, there's really just the one check on the federal government if they were to try such a thing, the threat of violent removal from power by citizens. |
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The weakness of all Utopias is this, ... They first assume that no man will want more than his share, and then are very ingenious in explaining whether his share will be delivered by motorcar or balloon. -G.K. CHESTERTON |
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#36 |
Philosopher
Join Date: Nov 2004
Posts: 6,449
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That is a question that does not have a specific answer. It has never happened and it appears Congress never contemplated it happening.
If a certificate of votes does not have a corresponding certificate of ascertainment of elector received from the Archivist, the President of the Senate may declare it to not actually be a purported certificate. Otherwise, it looks like they would all have to be opened. If that were to occur, Congress would probably know about it in December and would likely take action to change the law to deal with it or establish special rules to deal with it when the joint resolution providing for the counting of vote is approved. |
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I don't need to fight to prove I'm right. - Baba O'Riley |
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#37 |
Philosopher
Join Date: Nov 2004
Posts: 6,449
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I'm not sure about the Senate, but I think there are House administration rules that say speeches on the floor have to be on topic.
Under Senate Rule 19 "No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator." That law is a result of a two Senators disparaging each other and accusing each other of having unscrupulous reasons for supporting certain bills. In 1902 a literal fistfight broke out between "Pitchfork Ben" Tillman and John McLaurin that erupted into a brawl. This became an issue in 2017 during the Senate confirmation hearings for Jeff Sessions's nomination for Attorney General. Sessions was a sitting Senator. Part of a confirmation hearing is basically to call the person's character into question. Democrats wants raise issues about Sessions's racism. Republicans said that would break this Senate rule. Sessions had been denied confirmation to become a federal judge in the 1980s because of his racist comments. Warren attempted to read from the Senate record for that previous hearing that included the issues of racism. McConnell shut her down with his famous "Nevertheless, she persisted" comment. The Senate ethics committee reviewed the issue and allowed Warren to read part, but not all, of the record. I don't think the House has exactly the same thing, but I think they have similar sorts of rules where this would not be allowed. |
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I don't need to fight to prove I'm right. - Baba O'Riley |
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#38 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 17,122
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A shame. Would have been fun to see otherwise.
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In that case, they could have gotten creative... House democrats could point out the bad acts of the senate republicans, senate democrats could point out the bad acts of the house republicans. And of course since Trump isn't a member of congress, he'd be fair game for everyone. |
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Trust me, I know what I'm doing. - Sledgehammer I'm Mary Poppin's Y'all! - Yondu We are Groot - Groot |
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#39 |
Philosopher
Join Date: Nov 2004
Posts: 6,449
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the law requires that "Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A"
I don't see anything allowing for fake certificates to be weeded out before this point. I'm not sure how this is going to actually play out. Pence may put both certificates into the record and call for a vote. Or he may declare only one to be legitimate. Pence may hand both to the teller and then the teller says something like, "Mr. President, there are two certificates purporting to be of the electoral vote of the State of Arizona. The first does not have attached a certificate of ascertainment issued by the Governor of Arizona and does not seem to be regular in form or authentic. The second has attached a certificate of ascertainment issued by the Governor of Arizona and seems to be regular in form or authentic, and reads as follows..." We'll have to see how they decide to handle the Parliamentary procedures. In any event, if it goes to a vote the real certificate will be accepted. The the House and Senate do not agree, the law says they count the votes on the certificate sign and sealed by the Governor anyway. |
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I don't need to fight to prove I'm right. - Baba O'Riley |
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#40 |
Penultimate Amazing
Join Date: Apr 2015
Posts: 20,857
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Blott en dag, ett ögonblick i sänder, vilken tröst, vad än som kommer på! |
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