Session 2: From Meeting of Electors (Dec 14) to Joint Session of Congress (Jan 6)
Hypothetical Scenario 2.3: Florida legislature appoints its electors after no election is held
In the aftermath of Scenario 1.3, Florida sends Congress a single set of electoral votes based on the state legislature’s direct appointment of electors in the aftermath of the devastating hurricane-plus-pandemic heightened emergency. Would it be permissible or appropriate for both chambers of Congress, pursuant to 3 U.S.C. § 15, to refuse to accept this single set of electoral votes? (Assume for this particular discussion that Democrats have won control of the U.S. Senate as well as retained control of the U.S. House.) Does the answer to this question depend on whether or not the federal judiciary has declared the state legislature’s direct appointment of electors unconstitutional?