It had to be this way. -Q
The 2024 presidential election will see the first application of a 2022 amendment to the laws governing the transfer of power between administrations.
There are 77 days between the Nov. 5 election and the Jan. 20, 2025, inauguration of the next president, during which time the president-elect will ready his or her administration to take over from President Joe Biden.
The handoffs between an outgoing administration and a government-in-waiting have been largely drama-free for decades, and they have been governed by the rules enumerated in the Presidential Transition Act of 1963.
The Electoral Count Reform Act will take effect this year, ensuring that five days after the election, the team of the winning candidate (or both candidates if the winner is not yet identified), will begin readying for the White House.
Unless another authority is designated by state law, the act appoints governors as the principal officials responsible for filing certificates of state presidential electors. By providing expedited court review of matters pertaining to electors, it guarantees that Congress can establish a final slate of electors.
The vice president’s involvement in the electoral vote count is defined by the new act as purely ceremonial, and he or she is not given any power to affect the count in any way. It also reduces the possibility of challenges by raising the threshold for congressional objections to one-fifth of each house. Previously, a single member of both chambers was needed to enter an objection to an elector or slate of electors.
u/#q4951
ALL the schitt they pulled over the last 4 years is now going to be used against them.
BOOMERANG!
I will bet you Trump makes a call to Mexico, close the border OR ELSE.
They're going to resist i bet.
I feel like resistance is almost guaranteed. I also feel like that was taken into account years ago. We shall see.
Isn't all that bit about the electors written in the constitution? Doesn't that mean that changing those rules, like the threshold for objections, requires an amendment, not merely some laws?
Sort of. This was just a "clarification" of the 12th amendment and the Electoral Count ACT after the Pence debacle.
https://www.businessinsider.com/congress-january-6-electoral-count-act-trump-presidential-elections-2022-12
It is paywalled but put 12ft.io/ at beginning of url to bypass. Or Archived
"Most people agree with Vice President Pence that the Constitution and the 12th Amendment didn't allow him to disregard electoral votes, or to ignore how electoral votes are counted, or make decisions about these alternative slate of electors," Derek T. Muller, a professor at the University of Iowa who's an expert in election law, told Insider. "The Constitution didn't allow it. The Electoral Count Act didn't allow it."
Muller, who worked with senators to draft the legislation, said it is aimed at clarifying any existing ambiguities. He added that lawmakers aimed to make changes to outlast the moment dominated by Trump.
Agreed, it's a "sort of" thing. Congress and the Senate get to write their own rules for how to conduct their own business. Which they can change at will by simple majority vote. But they don't get to change procedures that are established by the constitution, without an amendment.
It's kind of like how Pelosi is allowed to enact emergency procedures for how to run a congressional vote. But ... she can't use those internal rules to override or ignore Congress's responsibility to other branches, like how to choose a president, by assuming powers the constitution doesn't give them. Which is what happened 1/6/21.
The stage is being set. Let's see what happens.