Senate GOP opposition grows to Electoral College
challenge
The effort to overturn Trump's loss may be defeated
overwhelmingly while fracturing his party.
Just 11 GOP senators have joined the effort led in
part by Sen. Josh Hawley (R-Mo.) to object to Congress’ routine approval of Joe
Biden’s Electoral College win.
By MARIANNE
LEVINE and BURGESS EVERETT
01/05/2021
02:05 PM EST
Updated:
01/05/2021 06:15 PM EST
https://www.politico.com/news/2021/01/05/senate-gop-electoral-college-challenge-455104
The Senate
Republicans opposed to certifying President-elect Joe Biden’s win are heading
toward a hefty defeat on Wednesday. The only remaining question is this: how
badly do they lose?
Just 11 GOP
senators have signaled support for separate efforts led by Sen. Ted Cruz
(R-Texas) and Josh Hawley (R-Mo.). That makes 13 supporters — and many more
have come out swinging against it.
“To
challenge a state’s certification, given how specific the Constitution is,
would be a violation of my oath of office — that is not something I am willing
to do and is not something Oklahomans would want me to do,” said Sen. Jim
Inhofe (R-Okla.), who announced his decision Tuesday.
And on
Wednesday the debate will come to the Senate floor. Senate Majority Leader
Mitch McConnell (R-Ky.) will be the first senator to speak after the first
objection to Biden's win is lodged, according to a source familiar with his
plans.
Sens. Tim
Scott (R-S.C.), John Boozman (R-Ark.) and Jerry Moran (R-Kan.) also said
Tuesday that they would not object to the election results. In a statement,
Moran said that doing so "would risk undermining our democracy — which is
built upon the rule of law and separation of powers" and that "no
victory for one’s cause today can be worth what we would lose tomorrow."
Moran is up for reelection in 2022.
At least 24
GOP senators will vote to certify Biden’s election win, according to a series
of interviews and statements. As of Tuesday afternoon, 14 Republican senators
had not said what they would do publicly. With every Senate Democrat also sure
to reject the challenge to Biden’s victory, President Donald Trump’s pressure
campaign will easily fail, even as it succeeds in splitting the GOP.
Sen. Kevin
Cramer (R-N.D.) said Tuesday on MSNBC that reaching his conclusion to endorse
Biden’s win in key swing states was a “brutal” episode because a majority of
his constituents were urging him to oppose the certification.
“It wasn’t
an easy emotional decision,” Cramer said, arguing he would never want to see a
situation where senators from other states were trying to disenfranchise North
Dakotans. That in mind, he added: “I’m quite comfortable with it.”
Still, not
everyone is showing their cards. A number of senior Republican senators, from
Chuck Grassley of Iowa to Marco Rubio of Florida to Todd Young of Indiana, are
declining to make any comment about their intentions before Wednesday. That day
is likely to be filled with intra-GOP clashes, as the objectors fight on the
floor with members of their own party who refuse to stymie Biden’s formal path
to the presidency.
Hawley has
said he plans to challenge Pennsylvania’s electoral votes, while the group of
senators led by Cruz is still undecided on how many states to challenge and how
many votes to force their colleagues into. Cruz will at least challenge Arizona
with the goal of creating a commission to complete a 10-day review of the
election, according to a source familiar with the matter. But the odds of
establishing such a commission are exceedingly unlikely.
Sen. Kelly
Loeffler (R-Ga.) is likely to challenge Georgia. And Sen. Roger Marshall
(R-Kan.) will object to all three states, according to a source familiar with
his thinking.
Every state
that receives an objection from one House member and one senator requires a
two-hour floor debate followed by a vote on the challenge. That means at least
three lengthy debates — and votes — will occur in the Senate and House.
Trump
praised the group of objectors on Tuesday and later tweeted that he hoped
"the weak and ineffective RINO section of the Republican Party, are
looking at the thousands of people pouring into D.C," mentioning
McConnell, Senate Majority Whip John Thune (R-S.D.) and Sen. John Cornyn
(R-Texas).
Hawley
again denied he was trying to overturn the election on Monday night, telling
Fox News he is merely exercising his rights to force a debate.
“Congress
is directed under the 12th Amendment to count the electoral votes,” Hawley
said. “There is a right to object, there’s a right to be heard.”
But the
challenge is bitterly dividing the caucus. Some Senate Republicans who could
eventually seek the presidency have also condemned the effort to block
certification of Biden’s victory.
“Congress
would take away the power to choose the president from the people and place it
in the hands of whichever party controls Congress,” wrote Sen. Tom Cotton
(R-Ark.) in an op-ed posted Tuesday. “This action essentially would end our
tradition of democratic presidential elections, empowering politicians and
party bosses in Washington.”
The split
in the party is not falling along clear fault lines. Both establishment-aligned
Republicans such as Mitt Romney and Susan Collins and pro-Trump conservatives
such as Cotton and Mike Lee have resisted Trump’s push.
While
McConnell has warned his conference that Wednesday’s maneuver would be a
“terrible” vote, he is not actively whipping against it. He’s going to come
down against the effort personally but is encouraging members to follow their
conscience.
Wednesday’s
vote will amount to Senate Republicans’ most significant rejection of Trump,
who continues to make false claims about widespread voter fraud in the election
he lost. While the president this week attacked Republicans who rejected his
efforts, some of his strongest supporters argue that breaking with the
president this time should not erase their ardent support over the past four
years.
“I support
President Trump and have worked with the president to advance policies
important for North Dakota and our nation,” Sen. John Hoeven (R-N.D.) said. But
“the people of North Dakota do not want Congress to determine their vote, and
we should not set the precedent by doing it for other states.”


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