En este ensayo hecho por un académico que ha escrito mucho sobre esto.
reparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management recorre todas las variantes posibles que se pueden dar a partir del día 6. Sobre el punto de si las dos casas no se ponen de acuerdo, se produce, dice, un lodazal interpretativo.
Resumen ultrarapido de una parte. Presentación de dos listas para pennsylvania.
What Could Happen At 1:00 p.m. on January 6, 2021,
- Pence announces that he is in receipt of two submissions purporting to be the state’s electoral votes and under 3 U.S.C. § 15 he must submit both to the Senate and House for their separate consideration.
- Pence announces that because neither submission has been accepted as authoritative by both houses of Congress, neither submission’s electoral votes can be counted.
- Then, Nancy Pelosi announces that the joint meeting of two chambers is over, or at least suspended, unless and until Mike Pence is prepared to change his ruling and accept the electoral votes from Pennsylvania bearing the governor’s signature.
- With the House now alone in its own chamber, and Speaker Pelosi presiding, the House (in a party-line vote) passes a resolution stating that the joint proceeding under the Twelfth Amendment and 3 U.S.C. § 15 is hereby suspended unless and until Vice President Pence publicly announces that he is prepared to count the electoral votes from Pennsylvania as certified by the governor.
- Pence and the Republicans decide they need to do what they can to continue the counting of electoral votes. Only Republican senators and representatives show up, except for one designated Democratic Senator to protest the purported continuation of the proceedings as unlawful under 3 U.S.C. § 15 and the Twelfth Amendment.
- Pence purports to proceed with the counting of electoral votes from Rhode Island to Wyoming. At the end, Pence announces that Trump has been re-elected president with a majority of votes, 260 out of 518 electors appointed, because Pennsylvania failed to appoint electors in a manner Congress could recognize as authoritative given the procedures set forth in 3 U.S.C. § 15.
- Meanwhile, with Biden and other Democrats at her side, Pelosi asserts that she is prepared to be inaugurated and sworn in as acting president, taking the presidential oath of office specified in Article II, serving as such until the counting of electoral votes is completed.
- Neither Trump nor Pelosi is backing down. Both insist that at noon on January 20 they will take the presidential oath and begin to assert the powers of commander in chief. Both demand the full support and obedience of America’s armed forces upon taking the presidential oath.
Resumen: dos presidentes, guerra civil.
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