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Authors Derek T. Muller

7 days 30 days All time Recent Popular
Derek T. Muller
Derek T. Muller
@derektmuller
1/ I want to briefly tease out Cruz's statement, which will help set expectations about what might happen January 6:

2/ At its heart, the presser states, "we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given' and ‘lawfully certified' (the statutory requisite), unless & until that emergency 10-day audit is completed."

3/ How does a10-day emergency audit happen? Congress would need to enact a statute to amend the Electoral Count Act before January 6, when it's compelled by law to meet. That seems unlikely.

4/ Cruz et al. seem to hold a "thick" view of the Electoral Count Act, adhering to the "statutory requisite," which means that Congress would need to amend or adhere to the statute.

5/ A 10-day audit is impossible under the current statute. Objections to a state are limited to 2 hours' debate. Adjournments are fixed in the statute, too--no recess if you've hit five days:
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