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Law professor: Congress needs 'darned good reason' if it's going to toss any electoral votes

Wednesday, Jan. 6, was supposed to be the day lawmakers certified all electors.

KNOXVILLE, Tennessee — Congress -- when it resumes after rioters broke into the Capitol -- must finish the job of certifying the electoral votes that gave President-elect Joe Biden a victory over President Donald Trump.

Wednesday, Jan. 6, is the day they are supposed to do that.

Stewart Harris, law professor at Lincoln Memorial University in Knoxville, said it's a legal, established process -- and no corroborated evidence has been presented for U.S. House and Senate members to not carry through.

"There was no systematic, widespread fraud, and certainly not fraud on a level to reverse the outcome of this election," Harris told 10News.

Republican Sen. Ted Cruz of Texas and Republican Sen. Josh Hawley of Missouri led an effort before Wednesday's protests and disturbance on the Hill to challenge the process.

Harris said federal law enacted in 1887 allows members of Congress to challenge the submission of a state's electors. It was enacted after disputes arose over the presidential election of 1876.

Credit: WBIR
Law professor Stewart Harris

"The real question is whether it's appropriate to make such an objection without any evidence at all," Harris said.

Congress needs "a darned good reason" to do it, and Harris said one has not been presented regarding the November election.

Once the challenge has been issued, as it was Wednesday afternoon over Arizona's electors, the Senate and the House are supposed to go their separate ways to meet and talk about the challenge. They've got two hours.

Then, they're supposed to reconvene with their fellow lawmakers in a joint session to resolve whether the challenge will stand.

"Only if both houses of Congress sustain an objection to a slate of electors is that slate then dismissed," Harris said.

Congress had yet as of Wednesday evening finished that part of the process in regards to Arizona's electors. Many lawmakers were moved to a secure area away from the Capitol after Trump supporters stormed the building.

"The people who are objecting really and truly are trying, even though their efforts are probably doomed to failure. they're trying to reverse a presidential election," Harris said.

Vice President Mike Pence has the ceremonial role of overseeing the certification. He was carrying through with his part when Trump's supporters burst into the building, according to the Associated Press.

 He resisted pressure by Trump on Wednesday to overturn the election results.

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