Session 3: From Joint Session of Congress (Jan 6) to Inauguration Day (Jan 20)
Hypothetical Scenario 3.1: House and Senate are divided on which sets of electoral votes to accept from Pennsylvania and Michigan
Suppose that with respect to either Scenario 2.1 or Scenario 2.2, when Congress meets in joint session pursuant to 3 U.S.C. § 15, the Senate and House are divided on which of the two conflicting sets of electoral votes from Pennsylvania or Michigan to accept. (For this particular discussion, assume that Republicans have retained control of the Senate, while Democrats have kept their control of the House.) In this situation is the joint session obligated to count whichever of the two submissions from each state bears its governor’s signature and certification as the state’s authoritative submission? Is this true, with respect to Pennsylvania, even if the submission certified by the governor has been declared unconstitutional by the federal judiciary (because it reflects ballots counted pursuant to the extension of the absentee ballot deadline, and FWAB-related deviation from the existing state statute, that the federal court ruled in violation of the Fourteenth Amendment)? If the governor’s certification is not controlling, what is the correct resolution of the disagreement between the Senate and the House?