Unlawfully Certified: 11 Senators Voting to Reject Electors

Today on Sekulow, we discussed the news that Senator Cruz is leading a group of Senators who are opposing the election certification. They are seeking to have an electoral commission appointed to conduct a ten day audit of the election in the disputed states.



Senator Cruz explained his reasoning behind this move on Fox News’ Sunday Morning Futures:

"Look, we’re at an extraordinary time in our country’s history. We went into this election with a country deeply divided, deeply polarized, and we’ve seen in the last two months, unprecedented allegations of voter fraud, and that’s produced a deep, deep distrust of our democratic process across the country. I think we in Congress have an obligation to do something about that; we have an obligation to protect the integrity of the democratic system."

We are two days from what is usually the final act in the election of a President. That is when Congress will meet to certify the election. That is scheduled to take place this Wednesday, January 6th. As we’ve just said, Senator Ted Cruz is leading a group of Senators who will file objections to the certification coming in from the states. Senator Hawley also will be objecting in a different fashion. What does that mean? That means that as the envelopes of the state elector delegations are opened and there’s a call for certification, there’s going to be formal objections filed. That’s not the first time in history that’s happened. In fact, the last time it happened was the last election when members of the House objected to President Trump’s election.



Here, the objection from the group led by Senator Cruz is going to be that an emergency electoral commission be appointed to conduct a ten-day audit. Then those disputed states, after the audit is complete, that think they need to change their Electoral College status can do that. What’s interesting about that, quite frankly, is that there are now twelve Senators talking about this. In order to get this proposal to be a reality, however, you would need the majority of the House and the Senate to agree on that, which is not a likely scenario.



ACLJ Director of Government Affairs Thann Bennett walked us through the process a bit:

"What is going to happen when these twelve Senators object and join more than one hundred and forty members of the House objecting is both chambers will have to debate the merits. They will then recess back into their own individual chambers and they will debate for a couple of hours, the objections.



This is not unprecedented. It happened during the George W. Bush election. There have actually been four times where Democrats have objected in one chamber or the other. By the way, while there wasn’t a Senator that joined the last time around, there were members of the House that objected to the very last presidential election. This is a process that has been laid out in the Constitution. We now know that members of both bodies will object. There will be debate. On this Wednesday, we’ll see this process play out. The American people will watch this debate in both chambers and it will come to resolution."

You watch this program and listen to us on the radio because you want reality. The reality is this is a constitutional process that Senator Cruz is putting forward. It has been done before, but as I said, it would require both the majority of the House and the majority of the Senate to agree. It is a worthy effort but in all reality the chances of the challenge being successful in the current House and Senate would seem extremely unlikely.



The full broadcast is complete with much analysis by our team by this move by Senator Cruz and this group of Senators challenging the election certification. We also discuss in more detail what this process will look like on January 6th.