Interview: Paul Smith on Electoral College Vote Certification Process


“The basic process is simple. The Constitution said that the electoral vote should be counted by the president of the Senate, which is the vice president,” said Paul Smith, vice president of Campaign Legal Center. “It gets more complicated though--and it's the situation that the campaign is deliberately trying to create--when a state has sent in two different sets of electoral votes, a problem that has seldom arisen our history but did in 1876. It puts Pence in an awkward position where he gets to the third state, which is Arizona, which we are understanding is going to have not only the certified electors votes for Biden, but another envelope that has the votes cast by the Trump electors on December 14th, even though they have no legal status.”

Watch the full interview here.