Here is the process to challenge a state's electors during the January 6, 2021 Joint Session of Congress where the electoral votes are officially counted:
One Representative and one Senator must submit a written objection to the President of the Senate (VP Pence).
The Joint Session then breaks up and the objection is debated separately by the House and Senate in their respective chambers.
The House and Senate each vote on the objection. The objection is sustained or rejected by a majority vote.
Both the House and Senate must vote to sustain the objection or the state's electors are counted.
If a state's electors are rejected, most believe that state's electoral votes are to be subtracted from the total of 538 and the winner is the candidate with a majority of the remaining number. For example, if PA's 20 electors are rejected, 260 which is the majority of 518 (538-20) becomes the winning number. Under this interpretation of the rules, the only situation where the House would choose the President and the Senate would choose the VP is a tie electoral vote.
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Here is the process to challenge a state's electors during the January 6, 2021 Joint Session of Congress where the electoral votes are officially counted:
One Representative and one Senator must submit a written objection to the President of the Senate (VP Pence).
The Joint Session then breaks up and the objection is debated separately by the House and Senate in their respective chambers.
The House and Senate each vote on the objection. The objection is sustained or rejected by a majority vote.
Both the House and Senate must vote to sustain the objection or the state's electors are counted.
If a state's electors are rejected, most believe that state's electoral votes are to be subtracted from the total of 538 and the winner is the candidate with a majority of the remaining number. For example, if PA's 20 electors are rejected, 260 which is the majority of 518 (538-20) becomes the winning number. Under this interpretation of the rules, the only situation where the House would choose the President and the Senate would choose the VP is a tie electoral vote.