Difference between revisions of "Talk:Electoral Count Act"
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If there are objections from 4 states, does that mean there is 8 hours of debate? In 2005, the Ohio objection interrupted counting and debate began immediately. [[User:RobSmith|RobS]]<sup>[[User talk:RobSmith|Free Kyle!]]</sup> 21:13, 28 December 2020 (EST) | If there are objections from 4 states, does that mean there is 8 hours of debate? In 2005, the Ohio objection interrupted counting and debate began immediately. [[User:RobSmith|RobS]]<sup>[[User talk:RobSmith|Free Kyle!]]</sup> 21:13, 28 December 2020 (EST) | ||
:According to the Act, "Upon such reading of any such certificate or paper [i.e., the documents that convey the votes of a state's electors], the President of the Senate shall call for objections, if any. . . . No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of" (§ 15). So the answer would appear to be yes. [[User:FabioZ|FabioZ]] ([[User talk:FabioZ|talk]]) 17:52, 2 January 2021 (EST) | :According to the Act, "Upon such reading of any such certificate or paper [i.e., the documents that convey the votes of a state's electors], the President of the Senate shall call for objections, if any. . . . No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of" (§ 15). So the answer would appear to be yes. [[User:FabioZ|FabioZ]] ([[User talk:FabioZ|talk]]) 17:52, 2 January 2021 (EST) | ||
| − | ::So there will be no president-elect on January 6. There will be 12 to 14 hours of debate beginning sometime after 1 PM EDT. But with the shuffling back forth between House and Senate, and because of the numbers in the House, the 2 hour debate in the House in 2004 took | + | ::So there will be no president-elect on January 6. There will be 12 to 14 hours of debate beginning sometime after 1 PM EDT. But with the shuffling back forth between House and Senate, and because of the numbers in the House, the 2 hour debate in the House in 2004 took 3 1/2 hours. [[User:RobSmith|RobS]]<sup>[[User talk:RobSmith|Free Kyle!]]</sup> 18:50, 2 January 2021 (EST) |
== Confusion == | == Confusion == | ||
Revision as of 23:51, January 2, 2021
If there are objections from 4 states, does that mean there is 8 hours of debate? In 2005, the Ohio objection interrupted counting and debate began immediately. RobSFree Kyle! 21:13, 28 December 2020 (EST)
- According to the Act, "Upon such reading of any such certificate or paper [i.e., the documents that convey the votes of a state's electors], the President of the Senate shall call for objections, if any. . . . No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of" (§ 15). So the answer would appear to be yes. FabioZ (talk) 17:52, 2 January 2021 (EST)
- So there will be no president-elect on January 6. There will be 12 to 14 hours of debate beginning sometime after 1 PM EDT. But with the shuffling back forth between House and Senate, and because of the numbers in the House, the 2 hour debate in the House in 2004 took 3 1/2 hours. RobSFree Kyle! 18:50, 2 January 2021 (EST)
Confusion
"While the Electoral Count Act says a majority vote in the US House of its members can rule on objections, the 12th Amendment orders the vote in the US House to made by its State delegations." Two completely different legal provisions are being conflated here. The ECA speaks only of the rules for determining the outcome of objections to a state's electoral vote during the vote count. Amendment XII gives the provision for when no candidate receives the votes of a majority of electors appointed. Two entirely different situations. This should be corrected. FabioZ (talk) 18:01, 2 January 2021 (EST)
Another confused statement: "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 ECA states that the two houses of Congress meet separately to debate the objections, the Senate withdrawing to its chamber (presumably with the president pro tempore presiding) and the Speaker of the House presiding over the debate of the House of Representatives. During these debates, the vice president's role is "to preserve order" (§ 18). FabioZ (talk) 18:12, 2 January 2021 (EST)