count the same as every other American. We owe our first duty to the American people, following procedures—like the Electoral Count Act—used for nearly 150 years.
It is my fervent hope that our State legislatures will consider meaningful election reform to ensure that our election laws are applied uniformly, to ensure the technology we use is accurate and secure, and, most importantly, to ensure that all Americans treasure our precious right to vote and feel their voices are heard. States are at the very center of elections in our country and will remain so.
Many ask why Congress should be involved in election matters that have been considered by the courts. Some argue that Congress’ role in certifying our Presidential elections is merely ministerial. Under our constitutional separation of powers, it is too often forgotten that Congress has the right and duty to interpret the Constitution, especially on matters which by the Constitution have been delegated to Congress, like the electoral count. Congress interpreted the Twelfth Amendment in passing the Electoral Count Act in 1887 and continues to breathe new life into these provisions by its actions today. Our Founders understood Congress would play a key role in debating constitutional issues as a coequal branch of government. Thomas Jefferson commented in an 1819 letter that “each of the three departments [of government] has equally the right to decide for itself what is its duty under the Constitution.”
I remain deeply concerned that the electoral votes of the Commonwealth of Pennsylvania were not “regularly given” under Pennsylvania law, as required by the Electoral Count Act. Serious concerns have been raised about the constitutionality of Pennsylvania’s vote-by-mail statute. Also, Pennsylvania election law may have been applied unevenly by State officials, including signature verification and voter identification requirements.
In 2005, Senator Barbara Boxer and the late Representative Stephanie Tubbs Jones objected to the slate of electors from Ohio. They rightfully drew attention to the fact that many African-Americans and other communities suffered disproportionate wait times at the polls, broken voting machines, and high ballot rejection rates. Raising this objection led to some of these issues being remedied and more Americans having the precious opportunity to vote. That is a legacy our Senate and every American should value today.
Thank you.
The Vice President. The majority leader.
Mr. McConnell. Mr. President, I yield 5 minutes to the Senator from South Carolina, Senator Graham.
The Vice President. The Senator from South Carolina.
Mr. Graham. Many times, my State has been the problem. I love it. That is where I want to die but no time soon.
Tim and I have a good relationship. I love Tim Scott. In 1876, South Carolina, Louisiana, and Florida sent two slates of electors—they had two Governors, by the way—and we didn’t know what to do. Why did South Carolina, Florida, and Louisiana do it? To hold the country hostage to end Reconstruction. It worked.
The Commission was 8 to 7. It did work. Nobody accepted it. The way it ended is when Hayes did a deal with these three States: You give me the electors. I will kick the Union Army out. The rest is history. It led to Jim Crow. If you are looking for historical guidance, this is not the one to pick.
If you are looking for a way to convince people there was no fraud, having a commission chosen by Nancy Pelosi, Mitch McConnell, and John Roberts is not going to get you to where you want to go. It ain’t gonna work. So it is not going to do any good. It is going to delay, and it gives credibility to a dark chapter of our history. That is why I am not with you, but I will fight to my death for you. You are able to object. You are not doing anything wrong. Other people have objected. I just think it is a uniquely bad idea to delay this election.
Trump and I have had a hell of a journey. I hate it being this way. Oh, my God, I hate it. From my point of view, he has been a consequential President. But today, the first thing you will see, all I can say is, count me out. Enough is enough. I tried to be helpful. But when the Wisconsin supreme court ruled 4 to 3 that they didn’t violate the Constitution of Wisconsin, I agreed with the three, but I accept the four. If Al Gore can accept 5 to 4 he is not President, I can accept Wisconsin 4 to 3.
Pennsylvania went to the Second Circuit. So much for all the judges being in Trump’s pocket. They said: No, you are wrong. I accept the Pennsylvania Second Circuit that Trump’s lawsuit wasn’t right.
Georgia, they said the secretary of state took the law in his own hands, and he changed the election laws unlawfully. A Federal judge said no. I accept the Federal judge, even though I don’t agree with it.
Fraud. They say there is 66,000 people in Georgia under 18 voting. How many people believe that? I asked: Give me 10. I haven’t had one. They said 8,000 felons in prison in Arizona voted. Give me 10. I haven’t gotten one.
Does that say there are problems in every election? I don’t buy this. Enough is enough. We got to end it.
Vice President Pence, what they are asking you to do, you won’t do because you can’t.
Talk about interesting times. I associate myself with Rand Paul. How many times will you hear that? The mob has done something nobody else could do to get me and Rand to agree. Rand is right. If you are a conservative, this is the most offensive concept in the world that a single person could disenfranchise 155 million people.
[T]he President of the Senate shall, in the presence of the Senate and the House of Representatives, open all certificates and the votes shall then be counted;—The person having the greatest number of votes for President shall be President.
Where in there does it say that Mike can say, “I don’t like the results; I want to send them back to the States; I believe there was fraud?”
To the conservatives who believe in the Constitution, now is your chance to stand up and be counted.
Originalism, count me in. It means what it says.
So Mike—Mr. Vice President, just hang in there. They said: We can count on Mike. All of us can count on the Vice President. You are going to do the right thing. You are going to do the constitutional thing. You have a son who flies F–35s. You have got a son-in-law flying F–18s. They are out there flying so we can get it right here.
There are people dying, to my good friend from Illinois, to make sure we have a chance to argue among ourselves, and when it is over, it is over. It is over.
The final thing. Joe Biden. I have traveled the world with Joe. I hoped he lost. I prayed he would lose. He won. He is the legitimate President of the United States. I cannot convince people, certain groups, by my words, but I will tell you by my actions that maybe I, above all others in this body, need to say this. Joe Biden and Kamala Harris are lawfully elected and will become the President and the Vice President of the United States on January the 20th.
(Applause, Senators rising.)
The Vice President. The majority leader.
Mr. McConnell. Mr. President, I yield back the balance of our time.
VOTE ON OBJECTION TO COUNTING OF ARIZONA ELECTORAL VOTES
The Vice President. All time has expired.
The question is, Shall the objection submitted by the gentleman from Arizona, Mr. Gosar, and the Senator from Texas, Mr. Cruz, and others be sustained?
Mr. McConnell. Mr. President, I ask for the yeas and nays.
The Vice President. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
The result was announced—yeas 6, nays 93, as follows:
[Rollcall Vote No. 1 Leg.]
YEAS—6
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NAYS—93
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