Counting of electoral votes (January 6-7, 2021)

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This page provides an overview of the congressional process for officially declaring the winner of the 2020 presidential election. Congress convened a joint session on January 6, 2021, to count electoral votes by state and confirm the result of the presidential election. As president of the Senate, Vice President Mike Pence (R) presided over the proceedings. On January 7, Pence declared former Vice President Joe Biden (D) the winner of the presidential election with 306 electoral votes.

The proceedings were interrupted on January 6 when supporters of President Donald Trump (R) breached the Capitol and the building went into lockdown. After the Capitol was secured, Congress reconvened after 8 p.m. ET to continue with the count.

During the session, one member each from the U.S. House and U.S. Senate could submit a written objection after the body read the vote count from a particular state or the District of Columbia. The two chambers of Congress would separate for debate for up to two hours before voting by a simple majority to concur with or reject the objection.

Members submitted objections for six states. Two objections were formally presented by a Senate and House member:

  • Arizona: The Senate voted against sustaining the objection to Arizona's electoral votes by a vote of 6-93. The House voted against sustaining this objection by a vote of 121-303.
  • Pennsylvania: The Senate voted against sustaining the objection to Pennsylvania's electoral votes by a vote of 7-92. The House voted against sustaining the objection by a vote of 138-282.

Four states were counted following incomplete objections presented by a U.S. House member without a U.S. senator:

Counting of electoral votes

See also: Electoral College in the 2020 presidential election
Counting of electoral votes by state (January 6, 2021)
State Electoral votes Winner Status
Alabama 9 Trump Counted without objection
Alaska 3 Trump Counted without objection
Arizona 11 Biden Counted following objection presented by Rep. Paul Gosar (R-Ariz.) and Sen. Ted Cruz (R-Texas)
Senate rejected objection by a vote of 6-93
House rejected objection by a vote of 121-303
Arkansas 6 Trump Counted without objection
California 55 Biden Counted without objection
Colorado 9 Biden Counted without objection
Connecticut 7 Biden Counted without objection
Delaware 3 Biden Counted without objection
District of Columbia 3 Biden Counted without objection
Florida 29 Trump Counted without objection
Georgia 16 Biden Counted following incomplete objection presented by Rep. Jody Hice (R-Ga.) without a senator
Hawaii 4 Biden Counted without objection
Idaho 4 Trump Counted without objection
Illinois 20 Biden Counted without objection
Indiana 11 Trump Counted without objection
Iowa 6 Trump Counted without objection
Kansas 6 Trump Counted without objection
Kentucky 8 Trump Counted without objection
Louisiana 8 Trump Counted without objection
Maine 4 Biden (3)
Trump (1)
Counted without objection
Maryland 10 Biden Counted without objection
Massachusetts 11 Biden Counted without objection
Michigan 16 Biden Counted following incomplete objection presented by Rep. Marjorie Taylor Greene (R-Ga.) without a senator
Minnesota 10 Biden Counted without objection
Mississippi 6 Trump Counted without objection
Missouri 10 Trump Counted without objection
Montana 3 Trump Counted without objection
Nebraska 5 Trump (4)
Biden (1)
Counted without objection
Nevada 6 Biden Counted following incomplete objection presented by Rep. Mo Brooks (R-Ala.) without a senator
New Hampshire 4 Biden Counted without objection
New Jersey 14 Biden Counted without objection
New Mexico 5 Biden Counted without objection
New York 29 Biden Counted without objection
North Carolina 15 Trump Counted without objection
North Dakota 3 Trump Counted without objection
Ohio 18 Trump Counted without objection
Oklahoma 7 Trump Counted without objection
Oregon 7 Biden Counted without objection
Pennsylvania 20 Biden Counted following objection presented by Rep. Scott Perry (R-Pa.) and Sen. Josh Hawley (R-Mo.)
Senate rejected objection by a vote of 7-92
House rejected objection by a vote of 138-282
Rhode Island 4 Biden Counted without objection
South Carolina 9 Trump Counted without objection
South Dakota 3 Trump Counted without objection
Tennessee 11 Trump Counted without objection
Texas 38 Trump Counted without objection
Utah 6 Trump Counted without objection
Vermont 3 Biden Counted without objection
Virginia 13 Biden Counted without objection
Washington 12 Biden Counted without objection
West Virginia 5 Trump Counted without objection
Wisconsin 10 Biden Counted following incomplete objection presented by Rep. Louis Gohmert (R-Texas) without a senator
Wyoming 3 Trump Counted without objection

Roll calls on objection to Arizona's electors

See also: Presidential election in Arizona, 2020

Senate

The Senate voted against sustaining an objection to Arizona's electors by a vote of 6-93. Six Republicans voted in agreement with the objection:

Click on the following table to view the full roll call.

House

The House voted against sustaining an objection to Arizona's electors by a vote of 121-303. All 121 congressmen in support of the objection were Republicans. Click on the following table to view the full roll call.

Roll calls on objection to Pennsylvania's electors

See also: Presidential election in Pennsylvania, 2020

The Senate voted against sustaining an objection to Pennsylvania's electors by a vote of 7-92. Seven Republicans voted in agreement with the objection:

Click on the following table to view the full roll call.

House

The House voted against sustaining an objection to Pennsylvania's electors by a vote of 138-282. All 138 congressmen in support of the objection were Republicans. Click on the following table to view the full roll call.

Planned Republican opposition

See also: Can members of Congress object to Electoral College results? (2020)

Several Republican senators and representatives announced prior to January 6, 2021, that they planned to object to certain electoral votes. On December 30, 2020, Sen. Josh Hawley (R-Mo.) became the first senator to do so.[1] Eleven other senators announced on January 2, 2021, that they would also object to the electoral votes from certain states:


They said in a joint statement:[2]

Voter fraud has posed a persistent challenge in our elections, although its breadth and scope are disputed. By any measure, the allegations of fraud and irregularities in the 2020 election exceed any in our lifetimes. ...

To wit, Congress should immediately appoint an Electoral Commission, with full investigatory and fact-finding authority, to conduct an emergency 10-day audit of the election returns in the disputed states. Once completed, individual states would evaluate the Commission's findings and could convene a special legislative session to certify a change in their vote, if needed.

Accordingly, we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given' and ‘lawfully certified' (the statutory requisite), unless and until that emergency 10-day audit is completed.[3]

Senate Majority Leader Mitch McConnell (R-Ky.) privately called on his fellow Republican senators not to object to the election results in December 2020, according to Politico and The Wall Street Journal.[4][5]

Sen. Pat Toomey (R-Penn.) responded to the opposing group's intention in a statement on January 2, 2021: "The senators justify their intent by observing that there have been many allegations of fraud. But allegations of fraud by a losing campaign cannot justify overturning an election. They fail to acknowledge that these allegations have been adjudicated in courtrooms across America and were found to be unsupported by evidence."[6]

At least 140 House Republicans also planned to oppose counting the electoral votes, according to CNN.[7]

Following the breach of the Capitol Building, several Republicans withdrew their objections. No senators joined objections to the electoral votes from Georgia, Michigan, and Nevada, as had been planned.[8]

Sen. Kelly Loeffler (R-Ga.) said on the Senate floor, "When I arrived in Washington this morning, I fully intended to object to the certification of the electoral votes. However, the events that have transpired today have forced me to reconsider and I cannot now, in good conscience, object."[9]

Breach of the Capitol Building

Breach of U.S. Capitol on January 6, 2021
CongressLogosmall.png

Breach of U.S. Capitol during electoral vote count (January 6, 2021)

Aftermath of the January 6, 2021, breach of the U.S. Capitol

Select Committee to Investigate the January 6th Attack on the United States Capitol

Reactions to U.S. Capitol breach

Events in state capitals during electoral vote certification

Counting of electoral votes (January 6-7, 2021)

Impeachment of Donald Trump, 2021

Several pro-Trump demonstrations, including the March for Trump and Save America Rally, took place in Washington, D.C., on January 6, 2021, to protest the 2020 presidential election results.[10] President Donald Trump (R) spoke at the rally in the morning, where he called the election fraudulent and encouraged rally attendees to go to the Capitol Building to protest the counting of the electoral votes. Trump said, "We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women. We’re probably not going to be cheering so much for some of them because you’ll never take back our country with weakness. You have to show strength, and you have to be strong."[11][12]

Thousands of Trump supporters went to the Capitol Building as Congress was in a joint session. The group trespassed through several security barriers, leading to altercations with police and other security officials. Hundreds breached the interior of the Capitol and vandalized the building. Vice President Mike Pence (R) and House Speaker Nancy Pelosi (D-Calif.) were evacuated and the Capitol was put on lockdown. Five people died, including a Capitol Police officer and one woman shot and killed by Capitol Police.[13][14][15][16][17]

Two hours after the incident began, Trump responded in a video statement. He said:

I know your pain, I know your hurt. We had an election that was stolen from us. It was a landslide election and everyone knows it, especially the other side. But you have to go home now, we have to have peace, we have to have law and order, we have to respect our great people in law and order. We don’t want anybody hurt. It’s a very tough period of time. There’s never been a time like this where such a thing happened where they could take it away from all of us. From me, from you, from our country. This was a fraudulent election, but we can’t play into the hands of these people. We have to have peace. So, go home. We love you, you’re very special. You’ve seen what happens, you see the way others are treated that are so bad and so evil. I know how you feel. But go home, and go home in peace.[3]
—Donald Trump[18]


Capitol Police secured the building at 5:40 p.m. ET. Congress reconvened after 8:00 p.m. ET to complete the count of electoral votes. Speeches delivered during the debate portion of the session referenced the incident, and several Republicans rescinded their objections.[15][19]

See also

Footnotes

  1. The Washington Post, "Hawley’s plan to contest electoral college vote certification ensures drawn-out process," December 31, 2020
  2. U.S. Senator for Texas, Ted Cruz, "Joint Statement from Senators Cruz, Johnson, Lankford, Daines, Kennedy, Blackburn, Braun, Senators-Elect Lummis, Marshall, Hagerty, Tuberville," January 2, 2021
  3. 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. Politico, "McConnell warns Senate Republicans against challenging election results," December 15, 2020
  5. The Wall Street Journal, "Electoral College Results to Be Contested by Group of GOP Senators," January 2, 2021
  6. Pat Toomey, United States Senator for Pennsylvania, "Toomey Statement Regarding the Certification of the Presidential Election Results," January 2, 2021
  7. CNN, "At least 140 House Republicans to vote against counting electoral votes, two GOP lawmakers say," December 31, 2020
  8. CBS News, "Key Republican senators withdraw objections to Electoral College count after Capitol siege," January 7, 2021
  9. ABC News, "Some GOP senators reverse objections to Electoral College certification after protesters storm Capitol," January 6, 2021
  10. Washingtonian, " Here’s What We Know About the Pro-Trump Rallies That Have Permits," January 5, 2021
  11. Rev.com, "Donald Trump Speech 'Save America' Rally Transcript," January 6, 2021
  12. CBS News, ""We will never concede": Trump rallies supporters with barrage of false claims," January 6, 2021
  13. NPR, "Trump Supporters Storm U.S. Capitol, Clash With Police," January 6, 2021
  14. Newsweek, "Mike Pence, Nancy Pelosi Ushered Out of Joint Session as Protesters Gain Entry into Capitol," January 6, 2021
  15. 15.0 15.1 The Washington Post, "Trump supporters storm U.S. Capitol, with one woman killed and tear gas fired," January 6, 2021
  16. NPR, "4 Dead, Police Injured, Dozens Arrested After Siege At The U.S. Capitol," January 7, 2021
  17. CNN, "What we know about the 5 deaths in the pro-Trump mob that stormed the Capitol," January 8, 2020
  18. KCRG News, "Trump tells ‘very special’ rioters to ‘go home’ while making false claims about election results," January 6, 2021
  19. WBAL-TV 11 News, "Capitol riot causes reverse for senators who had planned to object President-elect Biden's win," January 6, 2021