Bidens term ends on Jan. 20th, if the Nov. election winner isn't certified by then....

[Turk182]

and an inauguration doesn’t happen, what becomes of the office till the courts look at it?
Just asking for a scared country.

[madinmaryland]

1. The speaker of the house becomes POTUS.

Which is why we need to win the house.

[Turk182]

3. So President Mike Johnson

Johnson will become president automatically because the office is vacant, he can appoint Trump as vice president at this point, and just resign making Trump president.

I can see the path for Republics here

[Wicked Blue]

7. But if we elect a Democratic majority in the house?

Would they be sworn in by the 20th?

[Turk182]

8. Would it be strange

If the house members election was certified, but the presidential one was not, isn’t it the same ticket, election?

[ITAL]

13. Some states will be probably be certified

Ones with big majorities for either Republican or Democrats...say California and Wyoming. It'll be close states that may not be certified.

[Think. Again.]

17. Any state with a majority right election commission could..

..refuse to certify.

[ITAL]

23. Yeah, if it's a purple state that'd make sense

A purple state with a majority Republican leaning commission will unquestionably refuse to certify the way things are trending. A red state with mostly Republican winners would almost certainly certify.

[Think. Again.]

26. a red state would refuse to certify if...

...the national election is at stake even if their state voted all red.

Nor certifying is the trigger the rightwingers would need to have the Congress call the winner or bring it all to the supreme court.

[ITAL]

33. A red state would certify

Because they'd want their Representatives in Congress to vote in the Presidential chaos should it be thrown to them. Congress can't intervene if no one can take office, and the previous Congressional term ends that day. Only the 67 Senators not up for re-election would hold their seats, and they can only vote for VP, not President. The new Congress would go into office on the 3rd, so they'd want enough state delegations in the House taking office that day to vote in favor of Trump.

[Fiendish Thingy]

40. The Electoral Count Act says the governor/SOS has the final authority to certify the state's electors

I’m not aware of any states where the legislature has given an elections commission authority over the governor to certify slates of electors. My understanding is it must be someone in the executive branch, almost always the governor or SOS.

If the executive authority and the legislature disagree, or if one of the candidates raises a challenge, then, for the first time, the decision is now placed in the hands of a three judge panel.

It is conceivable that if there were county elections commissioners or elections boards refusing to certify vote tallies (as was the case in PA in 2020 IIRC), the panel of judges could decide to ignore those uncertified votes, and determine the state’s slate of electors based on the remaining certified vote totals.

Or the governor/AG could order the recalcitrant elections officials to be arrested, and appoint someone else to certify the vote count before it goes to the panel of judges.

Because of the updated ECA, we could be in uncharted waters in the aftermath of Election Day. The media has ignored this variable, even though it has been the law for almost two years.

[Zeitghost]

43. Each House Race

Is certified individually by the local state election officials. Then the House is sworn in all at once. The Presidential election is certified at the state level and then the Electoral College delegates votes are certified by Congress.

[Orangepeel]

9. Yes. January 3

If we win the house, the speaker will be Jeffries. If the republicans win, it may not be Johnson, as many in his own party dislike him

[Wicked Blue]

36. Thank you

WE NEED A BLUE TSUNAMI

[Ocelot II]

32. Yes. A new Congress takes over on January 3.

[Volaris]

47. Yes, as i believe that happens the the first week of January.

[getagrip_already]

28. No, the new house will elect a new speaker, which may or may not be johnson

If the drms retake the house, it will be jeffries.

The house is sworn in before the 20th.

[Renew Deal]

29. The knives would be out for him

So it would probably be another messy speaker vote

[obamanut2012]

31. concern noted

[Fiendish Thingy]

37. There will be a new speaker on January 3, 2025

It could be Johnson again, unless Dems retake the house.

Regardless of what the courts do, the certification of EV’s on January 6 is beyond the reach of the courts.

There are many factors you haven’t considered, so, no, I don’t think you can actually “ see the path for Republics here”.

[dutch777]

46. OMFG!!!!

[Zoomie1986]

48. Why are you assuming the Democrats won't re-take the House

Congress comes into session on 3 January unless both houses pass a law to change that. The Senate won't agree to such a law, so 3 January it is.

If Democrats re-take the House, then say hello to President Hakeem Jefferies.

[Think. Again.]

2. Bookmarking.

[Scrivener7]

15. Right?

[Johnny2X2X]

4. Another new poster with an account created on July 28th, 2024!!!

I have seen dozens now with this same join date always posting concern troll type content or other negative narratives.

[Turk182]

6. Well, that's offensive

And I’m not even sure what I’m being accused of.
Did I join on the wrong date?
Wow, thanks for your input on this thread, I thought I was asking a serious question

[patricia92243]

30. Totally agree with you. At some time in the past each one of us only had 20

or so posts. Also, I had never heard of DU but joined when I did.

Welcome to DU. We really are nice people

[Turk182]

38. Thanks

I had tried to join sometime before, but was having problem with my account until EarlG helped me sort it out, thanks to EarlG I was able to finally login recently, I hope this helps this posters investigation into what I really am.

[enough]

12. The OP asks a perfectly valid question, a question all Democrats need to figure out.

[bucolic_frolic]

5. Joe has immunity

He should find some work-around and use it.

[TwilightZone]

10. That's not how it works.

The immunity argument has been overblown to ridiculous heights. It does not mean he can do anything he wants.

[Turk182]

11. But it does allow work around like he mentioned

Some people might not like the sound of it, but it could be an option.

Picture the scenario where the government has not retrieved all the classified documents from Trump, the binders, top-secret stuff, etc.
Biden can border the arrest of Trump for this, he could be jailed immediately.
And this action would not even require the immunity ruling, maybe if there was a shoot to kill order, and Trump was actually killed, it would go to court and immunity would take old, because it certainly is under the official duties of the president to take action with national security is at risk.

I told you you wouldn’t like it

[Fiendish Thingy]

41. You're forgetting such an order would require the compliance of numerous others

And those folks would legally exposed to criminal prosecution.

[Think. Again.]

18. It DOES mean he can use any method..

...illegal or not, to uphold his oath.

In fact, the more blatantly illegal act he personally performs, the safer and mire successful it will be.

Personally hiring a squad of mercenaries to "remove" a republican majority in the court comes to mind.

He would face absolutely no legal consequences for that.

No matter how much the rightwing tries to play down the damage that can be done by that ruling, that ruling MUST be overturned.

[onenote]

20. "Personally" hiring mercenaries would by definition not be an official act.

He would not be acting as President.

[Think. Again.]

21. You know I meant that he makes the phone call himself.

As President. From the Oval Office. During work hours.

[-misanthroptimist]

14. Kamala will take office 1/20/2025 as scheduled

She will win in November. The electoral votes will be counted on 1/6 as mandated by the Constitution.

The alternative is Mr. Biden breaks in some of those fancy new powers the USSC invented (or rubber stamped) for the office of the Presidency. Either way, Kamala will take office as scheduled.

[sarisataka]

16. Why wouldn't the election be certified?

There are mechanisms to handle it in any case but I wound what you think is going to happen?

[Think. Again.]

19. Are we pretending Jan 6 didn't happen HERE now?

[sarisataka]

22. It did not prevent Biden's certification

so I have faith our current leaders can accomplish what the previous administration was able to do.

I am just wondering what concerns our new member has that could interrupt the transition of power.

[Think. Again.]

24. Because they failed once doesn't mean they can't succeed next time.

[sarisataka]

25. I have faith Biden can handle

the situation, should it become necessary

[Think. Again.]

27. I certainly hope no one in authority...

...is feeling as unconcerned about rightwing election manipulation as you are.

[sarisataka]

34. Confidence is not the same as lack of concern

Reading your replies above, I think you have some misunderstanding of the process.

[Fiendish Thingy]

42. If they try again, the national guard will be waiting for them this time. Nt

[Kaleva]

45. Yes

[Kaleva]

44. Difference is that Biden will have the National Guard

Present

[Kaleva]

39. The election was certified

[getagrip_already]

35. Before that happens, it would go to vote of the house and senate

Each state delegation in the new house would get one vote to elect the new potus.

The senate would vote to elect the new vpotus.

Unfortunately, with the makeup of state delegations, even if we retake the house, the gop would still have a majority of state delegations, and thus would get to appoint the next potus.