Anonymous wrote:
Anonymous wrote:Seems a big question then is whether Congress is required to wait for all 50 states before certifying the election?
Or is it like a train and if a state doesn’t certify and get its results in on time, it gets left behind.
But that would not be a good outcome at all. Talk about disenfranchisement.
The states MUST send their slate of Electors to the President of the Senate by January 6. It's not optional, its in the Constitution. So they will need to certify something - the Supreme Court would force it upon the state. Even the current court.
Further, the President of the Senate can only open the envelopes they have received from the states. To the extent that state envelopes are missing, then there would be nothing for the President of the Senate to open from those missing states.
Here's an interesting article on a potential strategy by No Labels to try to force a contingent election using faithless electors:
https://www.thirdway.org/memo/the-no-labels-contingent-election-plan-explained-to-the-extent-that-is-possible
Another fascinating read about the implications of a contingent election - the likely horsetrading, the importance of having a majority in the House, incentives, etc.
https://www.lawfaremedia.org/article/danger-in-plain-sight-the-risk-of-triggering-a-contingent-election-in-2024