It’s time to start thinking about what could happen when the results of the November 3rd election are known.
President Trump has never seen an election he did not say was stolen. The question is what will he do if his MAGA party or “chosen ones” do not win control of the House of Representatives or the Senate. One thing is certain Trump will not accept the results…we learned that after the 2020 presidential election…which he clearly lost and continues to dispute.
Once the states certify the results of the November 3rd election which it appears will speak loudly that he is a failed President. Trump will then order his political organization into action…including the Department of Justice & other Federal workers in his command. They will fan out across the country to create chaos and fear…that is what he does. Once the states declare and certify the results of the November 3rd election how will it that affect the “power hungry” President…based on his unhinged conduct…it’s anyone guess!
He could then read and discover the U. S. Constitution. If so, he will find Article 1, Section 5, which states: “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members.” This means the House of Representatives itself has the power to judge whether someone elected to the House should be seated and the Senate has the same power. Which will leave Trump on the outside looking in.
Imagine a candidate winning a congressional district in November or for that matter a seat in the Senate who Trump does not like. His machine would have three possible situations to fight it out in Congress. 1.A disputed election. 2. Find a constitutional qualification problem. 3. Create a political dispute.
Using the House of Representatives here is an abbreviated look at how this would work.
- The losing candidate could formally challenge the election under the Federal Contested Election Act. Specific grounds must be identified. The challenge must be filed within 30 days after the state declares the results.
- A House committee investigates…likely the House Committee on Administration.
- The committee makes a recommendation reporting to the full House to vote on the matter.
- The full House decides by simple majority. They can seat the state-certified winner, seat the challenger instead or declare the seat vacant if neither candidate is entitled to it.
This process would take place after the November election, during the transition to the new Congress, and potentially on the very first day of the new Congress convenes. It is not likely Congress will wait until January to begin examining election credentials. However, the actual decision about whether to seat a disputed winner generally occurs when the new Congress organizes and takes up members’ credentials. The new Congress has the final authority to decide its membership.
A process similar to the House would be used in the Senate candidates’ disputes.
We have all watched Trump try everything to take federal control over the election…without success. Now he will turn his attention to Congress and at this point it appears he will need to work with Democratic leaders…his GOP yes men will be on the outside looking in.