Todd McKinley was a 2018 Republican Candidate for Congress in TN-01, he's a retired Army Paratrooper, Bronze Star, Combat Action Badge, and Presidential Service Badge recipient. He’s served tours in Iraq and Afghanistan as well 6 ½ years at the White House Communications Agency & White House Military Office. He’s served as an Advance Representative for the Trump Administration, and as an Advance Representative for the 2020 Trump Campaign. Follow Todd: ; ; ; ;

First off, those of us who are honest, those of us who believe in the truth and that facts matter know that Joe Biden and Kamala Harris didn’t win the 2020 Presidential Elections.

Despite the failures of some States to keep their elections free from massive fraud, and despite the mountains of evidence and hundreds of witness statements, and the dereliction of the courts who didn’t allow lawsuits brought forth by President Trump’s campaign lawyers to move forward, many believe that January 6th, 2021 will be President Trump next and last chance to secure a 2nd term.

I hate to say this, but if you’re hanging your hopes on the sliver of a chance that somehow Congress will hand President Trump a 2nd term during this joint session of Congress, don’t hold your breath.

A Bit of History First

The Electoral Count Act came about after the contested 1876 Presidential election between Samuel Tilden and Rutherford B. Hayes. In 1876, several states sent rival electoral ballots to be considered by Congress, up to this point, there wasn’t a procedure to deal with instances such as this. The short-term solution was to form a special 15-person commission, now known as the 1877 Electoral Commission, which included five House members, five Senators, and five Supreme Court justices, who would decide the election. The members of the House and Senate voted along party lines, leaving the Supreme Court Justices to cast the deciding votes. In the end, Hayes became the 19th President of the United States.

It’s important to note, that in 1877 when Congress convened during their joint session, Tilden had 184 electoral votes to Hayes 165. Albeit, the threshold was 185 electors, which meant Tilden was one vote shy. During the 1876 election, there was a lot of foul play and election fraud that kept thousands of African Americans from voting which would have gone to Hayes. After the 1877 Electoral Commission had met, Hayes ended up with 185 electoral votes to Tilden’s 184. Albeit Tilden won the popular vote 4,288,546 or 50.9% and 17 States to Hayes’ 4,034,311 or 47.9% and 21 States.

I urge everyone to read up on the Compromise of 1877 and the 1877 Electoral Commission for more information regarding all the backdoor dealings that led to Hayes being declared the President.

What to Expect on January 6th

Not to get too in-depth, but at 1 p.m. on January 6th, as required by the 12th Amendment to the U.S. Constitution, the House and Senate will come together in a joint session of Congress, presided over by Vice President Mike Pence in his role as President of the Senate. This meeting convenes every four years following a Presidential election to receive the Presidential and Vice-Presidential electoral college results transmitted by the 50 states and the District of Columbia, which will be accompanied by certificates from the Governors and read aloud and totaled.

This usually happens in relative obscurity, with little more than a footnote story on the news, and hasn’t been a major source of contention in the modern era of presidential politics. However, following 2000, 2004, and 2016 Presidential elections, as allowed by the Electoral Count Act, Democrats have made a point to raise objections. It’s important to note, Republicans haven’t objected, but after the 2020 Presidential election, you can bet Republicans better raise more than a few objections. It’s likely that several members of the House will raise objections to a few slates of electors, the question is, will they have any members of the Senate to second their objection(s). In 2000, 2004, and 2016, not one Democrat Senator seconded the members of the House who objected.

If at least one Representative and one Senator jointly object to a slate of electors, then the whole process is halted, at this point, the House and Senate move to their respective chambers for a 2-hour debate before voting to accept or reject the objection.

After the electoral college vote on December 14th, former Vice President Joe Biden has 306 electoral votes to President Donald Trump’s 232 electoral votes, with 270 electoral votes being the threshold for one to be declared the winner.

President Trump’s Sliver of a Chance

Going into January 6th, 2021, given that no state has submitted two slates of electors unlike in 1876, there’s only one scenario that could play out. First off, as previously mentioned, objections to an individual state(s) returns must be made in writing by at least one member of the House and Senate. If no member of the Senate joins a member of the House, then like in 2000, 2004, and 2016, then the process continues.

If an objection meets these requirements, the joint session recesses so that both the House and Senate can separate and debate the question in their respective chambers for a maximum of two hours before voting on whether to sustain or reject the objection. Upon completing the separate debates and votes, the joint session reassembles to officially announce the results of their votes. If both the House and Senate vote to approve an objection, then and only then would a slate of contested electors be excluded.

It’s unclear according to many experts of whether Congress could vote to discard a slate of electoral votes that have been certified by a state if it followed its own election laws. Given that the states that are likely to receive an objection, such as Georgia, Michigan, Pennsylvania, and Wisconsin haven’t been adjudicated to have not followed their state election laws, despite the obvious facts they have violated them, it’s unlikely their electors will be excluded.

However, there may be a slight chance that enough compelling and irrefutable evidence can be presented to the incoming Congress that they manage just enough votes. That’s why it’s vitally important that Georgia vote for Senators David Purdue and Kelly Loeffler.


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