FACT CHECK: What Pence And Congress Can And Can’t Do About The Election

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Then-Vice President Joe Biden presides over a joint session of Congress in January 2017 to formally name Donald Trump as president-elect.

Cliff Owen/AP

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Cliff Owen/AP

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3. Has this been tried before?

As recently as 2005, two Democrats — Rep. Stephanie Tubbs Jones and Sen. Barbara Boxer — objected to Ohio’s electors, believing there were irregularities in that state’s presidential election. The House and Senate each rejected the objection, and the joint session resumed, counting Ohio’s electors.

In 2017, with Biden, then the vice president, presiding, several Democrats rose to object to Trump’s election. None, however, had submitted their objections in writing, and Biden gaveled them down, later declaring, «It is over.

4. Will it work this time?

It would seem all but certain any attempted challenges to any of the states’ electors will fail, simply because Democrats hold the House majority and would not vote to overturn any of Democrat Biden’s electors.

And it’s uncertain how many Republicans in the Senate will go along with the doomed effort.

Control of the Senate hangs on Georgia’s two runoff elections Tuesday, but even if the Democrats win those races, the Senate would be 50-50 and Pence would cast the tiebreaking vote (until Kamala Harris takes over as vice president Jan. 20).

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Either way, it remains unclear how many Senate Republicans would vote to uphold a challenge. Sen. John Thune, R-S.D., colorfully, if a bit disturbingly, gave his assessment of that likelihood.

«It’s just not going anywhere, He told reporters last month. «It’s going down like a shot dog.

Thune’s remarks appear to have caught Trump’s attention. The president blasted the senator on Twitter Dec. 22, writing: «South Dakota doesn’t like weakness. He will be primaried in 2022, political career over!!!

Republicans in the Senate so quickly forget. Right now they would be down 8 seats without my backing them in the last Election. RINO John Thune, “Mitch’s boy”, should just let it play out. South Dakota doesn’t like weakness. He will be primaried in 2022, political career over!!!

— Donald J. Trump (@realDonaldTrump) December 23, 2020

For some Republicans, the spectacle, and a show of unyielding support to Trump and the GOP base may be as important as the ultimate results.

And if they lodge enough objections, the proceedings could go on for a while — even if the outcome is preordained.

This story was originally published Dec. 22, 2020.