The Right Way and the Wrong Way
The actions of violent protesters at the heart of our republic this week were appalling and despicable. I continue to condemn these actions in the strongest possible terms. Our republic remains strong because of our shared commitment to settling our disagreements democratically, at the ballot box and through the deliberations of Congress. It was a testament to the dedication we have to our republic when we continued with the business of Congress that same day.
On Wednesday, January 6, we met in a Joint Session of Congress to review and certify electoral votes from the states. At this joint session, states' electoral votes are counted in alphabetical order. In order to debate whether to accept a state's electoral votes, an objection must be presented in writing, signed by at least one Representative and one Senator. The process allows members of the House and Senate to raise their concerns.
While the procedures we followed were initially enacted by the Electoral Count Act of 1887 to settle disputes when factions within states submitted competing slates of electors, in modern Presidential elections the process has been used to highlight concerns about the elections conducted in various states. In 2005, Democrats debated the electoral votes from Ohio, and in 2017, House Democrats raised objections to electoral votes for President Trump from eleven different states. While objecting to the election of President Bush, Speaker Pelosi said, "we are witnessing democracy at work." She continued, saying, "this debate is fundamental to our democracy."
Just as Democrats expressed their concerns about Presidential elections in previous years, I signed onto objections to several states' electoral votes. Changes to voting and vote-counting procedures in these states in question did not adhere to the standard established by the U.S. Supreme Court that any changes to election processes must be adopted by state legislatures. For example, in Pennsylvania state courts decided to remove signature matching requirements for mail-in ballots, extend the deadline for mailed ballots to be received, and presume ballots received late with unclear postmarks were mailed on time.
Nebraska adapted their procedures to the current environment while remaining within the letter of the law, and Nebraskans deserve to know other states did the same. Even before Wednesday's joint session, many supporters of President-Elect Biden, including at news outlets like CNN and MSNBC, were calling the effort to discuss our concerns about electoral votes anti-democratic. This type of rhetoric is meant to divert attention from the actual issues involving questionable election practices. Challenging electoral votes through a longstanding, legal process is well rooted in law and the debate precedents of the house.
I support the prosecution of all who broke the law by desecrating our nation's Capitol and disrupting the functioning of our government, and am pleased law enforcement agencies, including the Federal Bureau of Investigation, continue working to identify and bring these people to justice. It is Congress' duty to continue the work of our government.
As you likely know, our joint session concluded with Vice President Pence declaring Joseph R. Biden President-Elect and Kamala D. Harris Vice President-Elect. To ensure our concerns were raised the right way, Members of Congress used their opportunity to address their objections though a legally prescribed process. In the future, I have faith that we will settle our disputes – no matter the issue – peacefully as our Founders intended.