Guide to January 6th Joint Session of Congress Released by Voter Protection Program

Published: 1.4.21

Guide to January 6th Joint Session of Congress Released by Voter Protection Program 

New Report Details Why Any Attempts to Undermine Election Results Will Fail (Again)

VPP to Host Press Briefing Today, January 4, 11:00AM ET, RSVP required

Washington, D.C.— In advance of the Senate and House meeting this week for a joint session to officially count the Electoral College votes, the nonpartisan Voter Protection Program released the “Guide to Counting Electoral College Votes and the January 6, 2021 Meeting of Congress.” The 28-page guide details the operation and history of the Electoral Count Act (ECA) and explains why members of Congress have no legal or legitimate way to throw out the votes of the American people and the electors they chose.

Joanna Lydgate, National Director of the Voter Protection Program said, “The American people voted in record numbers, and Joe Biden won the Electoral College 306-232. As this guide makes clear, any attempts by members of Congress to overturn the Electoral College will fail—because they have no merit. End of story.”

Ambassador Norm Eisen, Outside Counsel to the Voter Protection Program added, “It’s really this simple: Congress will not change a single state’s Electoral College slate. The Constitution is clear. When the electoral votes are counted in the ‘presence of the Senate and House of Representatives…the person having the greatest number of votes shall be the President’—and that person is Joe Biden.”

In the guide co-authored by Eisen and Joshua Matz and Harmann Singh of Kaplan, Hecker & Fink LLP, the VPP describes the history and operation of the rules set forth in Title 3 of the ECA and applies them to the specific circumstances of the 2020 presidential election and what that means for January 6. The VPP outlines the different avenues that all ultimately result in confirming the choice of the voters. The report addresses how electoral votes are counted and what happens if there is a dispute, the significance of the “safe harbor” provision, and the role of the state executive in certifying electors.

Additionally, the VPP Guide outlines the short list of modern applications of the ECA in which the presidential election did not proceed as expected—though, like here, none were outcome determinative.  Like what will happen this year, past examples did not change the outcome of the election. They provide context for why actions by President Trump and his supporters are unprecedented attempts to undermine the will of American voters.

Grant Woods, former Attorney General of Arizona and member of the VPP Bipartisan Advisory Board added, “Despite the many complexities surrounding the joint session, the voters have clearly chosen Joe Biden and Kamala Harris to be the next President and Vice President. Any attempt by members of Congress or Vice President Pence to undo the will of the American voters will fail. This charade only further delays our leaders focusing on fixing our economy and confronting the surging covid crisis. It’s past time to move on.”

On Monday, January 4th at 11 a.m. ET, the VPP is holding a press briefing to discuss what to expect Wednesday during the Joint Session of Congress and why members of Congress have no way to subvert the will of the American people. Please RSVP to Mona Bruno, mona.bruno@berlinrosen.com to receive the dial-in.


About the Voter Protection Program

The Voter Protection Program is a nonpartisan initiative of the Progressive State Leaders Committee, a 501(c)(4) organization. Visit https://statesuniteddemocracy.org/ for more information.