A Midterm (Civics Exam) Question

The Electoral Count Act of 1887

“Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president. … Each state and the District of Columbia produces two documents to be forwarded to Congress, a certificate of ascertainment and a certificate of vote.

The count of the Electoral College ballots during a joint session of the 117th United States Congress, pursuant to the Electoral Count Act, on January 6–7, 2021, was the final step to confirm President-elect Joe Biden‘s victory in the 2020 presidential election over incumbent President Donald Trump.

The Act sets out procedures and deadlines for the states to follow in resolving disputes, certifying results, and sending the results to Congress. If a state follows these “safe harbor” standards and the state’s governor properly submits one set of electoral votes, the Act states that that “final” determination “shall govern.”  The Act thus relegates Congress to resolving only a narrow class of disputes, such as if a governor has certified two different slates of electors or if a state fails to certify its results under the Act’s procedures. Congress may also reject votes under the Act for other specific defects, such as ministerial error, if an elector or candidate are ineligible for office, or if the electoral college votes were not “regularly given.”

Under the Twelfth Amendment, the Vice President opens the electoral certificates in his capacity as President of the Senate. The Act clarifies the Vice President’s limited role in the count. Both houses can overrule the Vice President’s decision to include or exclude votes and, under the Act, even if the chambers disagree, the governor’s certification, not the Vice President, breaks the tie.”


Since the mid-20th century, Congress has met in a Joint Session every four years on January 6 at 1:00 p.m. to tally votes in the Electoral College. The sitting Vice President presides over the meeting and opens the votes from each state in alphabetical order.

We know what happened on January 6th, 2021.

So, here’s the question:

What do you think will happen on the 6th of January, 2025 if the Republicans regain control of Congress in the midterm elections of 2022?