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The incumbent [[Vice President]] presides over the Joint Sessions of [[Congress]] on one afternoon in the first week of January following the presidential election (e.g., January 6, 2021).  While the Act states that he should cut off debate after two hours, in practice the presiding Chairman in parliamentary procedure could allow debate as long as he likes.
 
The incumbent [[Vice President]] presides over the Joint Sessions of [[Congress]] on one afternoon in the first week of January following the presidential election (e.g., January 6, 2021).  While the Act states that he should cut off debate after two hours, in practice the presiding Chairman in parliamentary procedure could allow debate as long as he likes.
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A lawsuit was filed in federal court in the Eastern District of [[Texas]] on December 28, 2020, to declare the Electoral Count Act of 1887 unconstitutional.<ref>Kruzel, John (December 28, 2020). [https://thehill.com/regulation/court-battles/531823-gop-lawmakers-sue-pence-in-bid-to-overturn-biden-win GOP lawmaker sues Pence in bid to overturn Biden win]. ''The Hill''. Retrieved December 28, 2020.</ref>  The plaintiffs include Rep. [[Louie Gohmert]] (R-TX) and the defendant is Vice President [[Mike Pence]], who presides over the Joint Session of [[Congress]] on January 6, 2021, to consider certifying the [[Electoral College]] for the president to be inaugurated on January 20.
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A lawsuit was filed in federal court in the Eastern District of [[Texas]] on December 28, 2020, to declare the Electoral Count Act of 1887 unconstitutional.<ref>Kruzel, John (December 28, 2020). [https://thehill.com/regulation/court-battles/531823-gop-lawmakers-sue-pence-in-bid-to-overturn-biden-win GOP lawmaker sues Pence in bid to overturn Biden win]. ''The Hill''. Retrieved December 28, 2020.</ref>  The Electoral Count Act of 1887 says a majority vote in the US House of its members can rule on objections, while the 12th Amendment orders the vote in the US House to made by its State delegations.<ref>http://rutgerspolicyjournal.org/sites/jlpp/files/Land_Schultz.pdf</ref>  The plaintiffs include Rep. [[Louie Gohmert]] (R-TX) and the defendant is Vice President [[Mike Pence]], who presides over the Joint Session of [[Congress]] on January 6, 2021, to consider certifying the [[Electoral College]] for the president to be inaugurated on January 20.
    
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