Republican Alabama Representative Mo Brooks has pledged to use the Electoral Count Act of 1877 to challenge the electoral vote when Congress meets to approve the vote on January 6. If Brooks finds a Republican senator willing to join him, the law would require all GOP Congress members to go on the record in stating whether they support President Donald Trump's effort to overturn the 2020 election.
While Republicans and Trump's re-election team have been unable to prove claims of widespread election fraud, with 51 of 52 such cases being dismissed or withdrawn from court due to lack of evidence, Brooks' challenge would be a last-ditch effort to at least symbolically protest the election of President-elect Joe Biden while also pledging loyalty to Trump and avoiding the wrath of his supporters.
It's unclear if Congress members could abstain from voting or simply vote themselves as present, and it's unlikely that such a vote would actually overturn the election's result as it would require majorities in both congressional chambers to succeed, something the Democrat-led House wouldn't do.
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