No, it is not a Contingent Election and it will go to a full 435 member House vote first for Certification.
In order to force a Vote by States, it must go thru these steps:
(1) One Congressman and One Senator must object to the Official Electors.
(2) This will force a vote in both chambers. But it will be a full House vote with 435 members.
(3) IF the objection is sustained, it becomes a Contingent Election and it will force a House Vote by States which Trump wins with 26 or more States to 24.
But the problem is (2). The House is Majority (D) 222-213.
Most lawyers agree that it first goes to the full House of 435 members for Certification of Electors. Only if the Electors are rejected by the 435 members does it become a Contigent Election. A Contigent Election then goes to Vote by States.
Congressman Mo Brooks is trying to take it directly to a Vote By States but lawyers agree that is a long shot. It has never been interpreted that way before.
Addressing what many consider the remote chances of success, Mr. Brooks said, “A lot depends on how much gumption Republicans have to protect the integrity of America’s election system.”
Democrats will retain the House majority in January, making Mr. Brooks‘ effort seemingly out of reach.
But the lawmaker said an interpretation of the 12th Amendment’s provisions for congressional certification of the election could favor Mr. Trump because more state legislatures are controlled by Republicans.
No, it is not a Contingent Election and it will go to a full 435 member House vote first for Certification.
In order to force a Vote by States, it must go thru these steps:
(1) One Congressman and One Senator must object to the Official Electors.
(2) This will force a vote in both chambers. But it will be a full House vote with 435 members.
(3) IF the objection is sustained, it becomes a Contingent Election and it will force a House Vote by States which Trump wins with 26 or more States to 24.
But the problem is (2). The House is Majority (D) 222-213.
Most lawyers agree that it first goes to the full House of 435 members for Certification of Electors. Only if the Electors are rejected by the 435 members does it become a Contigent Election. A Contigent Election then goes to Vote by States.
Congressman Mo Brooks is trying to take it directly to a Vote By States but lawyers agree that is a long shot. It has never been interpreted that way before.
https://m.washingtontimes.com/news/2020/dec/3/mo-brooks-alabama-will-object-bidens-electoral-col/
Addressing what many consider the remote chances of success, Mr. Brooks said, “A lot depends on how much gumption Republicans have to protect the integrity of America’s election system.”
Democrats will retain the House majority in January, making Mr. Brooks‘ effort seemingly out of reach.
But the lawmaker said an interpretation of the 12th Amendment’s provisions for congressional certification of the election could favor Mr. Trump because more state legislatures are controlled by Republicans.
All of this assumes there have been zero arrests. If some dems are in jail, they cant vote.