Does the House actually have to certify the vote, or merely state if they are contesting votes?
Without a Speaker, they clearly can not contest the vote, but that's not an issue in this case. But if they simply say nothing, do the electoral votes then get counted anyway?
Ultimately, it is the Vice President who certifies the vote. And with the rule changes that is now strictly a formality unless a proper challenge is brought. But a proper challenge could never be brought in this case.
So it seems to me Kamala would have no choice but to certify the electoral college vote, even if there was no Speaker of the House.
The constitution states that the vote must be certified before both houses under Article II, Section 1, Clause 3. This requires the Speaker to be present since it is official business. Here is the relevant portion:
The Electors shall meet in their respective States, and vote by Ballot for one Person to be President and one to be Vice President, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.
Note that I changed the portion of the voting to reflect the 12th Amendment.
Does the House actually have to certify the vote, or merely state if they are contesting votes?
Without a Speaker, they clearly can not contest the vote, but that's not an issue in this case. But if they simply say nothing, do the electoral votes then get counted anyway?
Ultimately, it is the Vice President who certifies the vote. And with the rule changes that is now strictly a formality unless a proper challenge is brought. But a proper challenge could never be brought in this case.
So it seems to me Kamala would have no choice but to certify the electoral college vote, even if there was no Speaker of the House.
The constitution states that the vote must be certified before both houses under Article II, Section 1, Clause 3. This requires the Speaker to be present since it is official business. Here is the relevant portion:
Note that I changed the portion of the voting to reflect the 12th Amendment.