appointment of the electors, for its final determination of any controversy or contest

concerning the appointment of all or any of the electors of with State, by judicial or other

methods or procedures, and demo determination shall have been made at least six days

before the time fixed for the version of the electors, such determination made pursuant to

such law so existing on said day, and made at least six days prior to said time of meeting

of the electors, shall be conclusive, and shall govern in the counting of the electoral votes

as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment

of the electors appointed by such State is concerned.

The joint session of the Senate and House is held on January 6, unless Congress

determines otherwise, of the year following the presidential election at 1:00 p.m.68 No debate is

allowed during the joint session.69 The President of the Senate opens the electoral vote

certificates in alphabetical order from each state, passes them to four tellers (required by statute

to be appointed two from each House) who announce the results. The votes are then counted and

those results announced by the President of the Senate. The candidates for President and Vice

President receiving a majority of the electoral votes, currently set at 270 of 538, are declared to

have been "elected President and Vice President of the States."70

Section 15 of title 3, United States Code, provides that, when the results from each of the

states are announced, that "the President of the Senate shall call for objections, if any." Any

objection must be presented in writing and "signed by at least one Senator and one Member of

the House of Representatives before the same shall be received."71 The objection must "state

clearly and concisely, and without argument, the ground thereof."72 When an objection has been

properly made in writing and endorsed by a member of each body the Senate withdraws from the

House chamber, and each body meets separately to consider the objection. "No votes . . . from

any other State shall be acted upon until the [pending] objection . . . [is] finally disposed of."73

Section 17 of title 3 limits debate on the objections in each body to two hours, during which time

no member may speak more than once and not for more than five minutes. Both the Senate and

"Congress shall be in session on the sixth day of January succeeding every meeting of

the electors. The Senate and House of Representatives shall meet in the Hall of the House of

Representatives at the hour of 1 o'clock in the afternoon on that day . . ." Id. §15.

Id. §18 ("no debate shall be allowed and no question shall be put by the presiding

officer except to either House on a motion to withdraw.").

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