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Timmons Statement on Electoral College Votes

On January 6, 2021, we witnessed tragedy in the U.S. Capitol. For the first time in two hundred years, we lost control of our seat of government. Make no mistake, this was an act of domestic terrorism and a very sad day for our country. What I saw in the Capitol was quite frankly, shocking: blood was spilt on the floor of our most revered institution. Hundreds of FBI, ATF, U.S. Marshals, and Capitol Police were injured while defending and retaking our Capitol. I am so thankful for the bravery and courage demonstrated by these men and women. 

Once the Capitol was secured, Congress continued with our constitutionally mandated duty of voting to certify the electors sent by states to choose the President. While what happened that day was incredibly tragic, my objections to certifying certain states were unrelated to the events of that day or the outcome of the election. Election integrity is paramount to our longevity as a republic. Our citizens must, no matter the result, have confidence that the outcome is indeed the outcome.  

When all was said and done, members of the House and Senate voted on electors from two states: Pennsylvania and Arizona. I, along with Republican Leader Kevin McCarthy, Republican Whip Steve Scalise, 120 plus members of the Republican Conference, and five of the seven members of the South Carolina Delegation, voted against certifying the electors from both. 

I explained the reasoning for the way I planned to vote last week (available here: https://timmons.house.gov/media/press-releases/timmons-object-electoral-college-certification-january-6), but after receiving countless questions about the vote, I feel it necessary to provide additional background and clarity. 

First, I voted against certifying the electors from Arizona and Pennsylvania because these states made unconstitutional changes to their election laws in the days and weeks prior to the election. 

In Arizona, voter registration deadlines were changed by activist judges allowing tens of thousands of people to register after the statutory deadline. I am 100% in favor of making voter registration as seamless as possible, but it is unacceptable - and indeed, unconstitutional - for courts to unilaterally change election laws just weeks away from Election Day.

In Pennsylvania, the State Supreme Court unilaterally directed election officials to presume that ballots received without a postmark were mailed by Election Day unless “a preponderance of the evidence demonstrates that it was mailed after Election Day.” That means that if a voter did not date their envelope, they could have voted up to three days after the election. The same court later ruled that election officials did not have to authenticate signatures for absentee and mail-in ballots, unilaterally altering state statutes that require signature verification for absentee and mail-in ballots. These unconstitutional changes made it difficult, if not impossible, to ensure the integrity of the election. 

Second, it is important to note that challenges to the seating of electors are not new and have been repeatedly used by my colleagues across the aisle.

In 2005, when Democrats objected to the electors from Ohio, Speaker Nancy Pelosi stated: this objection is “democracy at work... We’re standing up for three fundamental beliefs. The right to vote is sacred; a representative has a duty to represent his/her constituents, and the rule of law is the hallmark of our nation.” 

That debate came about because Stephanie Tubbs Jones, a Democrat from Ohio, and Senator Barbara Boxer, a Democrat from California, both objected in writing to the state of Ohio’s electoral votes due to reported voting irregularities within the state. President Bush had won this state by more than 118,000 votes. 

Individuals currently serving in the highest ranks of Democrat leadership all voted not to seat electors in 2005, including the Majority Whip Jim Clyburn, the Chair of the Energy and Commerce Committee, the Chair of the Financial Services Committee, and the Chair of the Natural Resources Committee. Not once - to the best of my knowledge and research - did any news outlet or pundit allege sedition, treason, or anything similar. The exact opposite in fact: they were hailed for standing up to voter suppression. While we can debate the merits of these challenges, it is incredibly hypocritical that much of the mainstream media and my colleagues across the aisle are treating this any differently.

Finally, I take my responsibility to be a voice for my constituents in the People’s House very seriously. The January 7th vote on the Electoral College certification generated the most constituent input of any issue during the 116th Congress, and it was overwhelmingly in favor of objecting to the certification. 

Given these factors, I voted against the certification of the electors from Arizona and Pennsylvania. 

Now that the Electoral College has been certified, President Trump is participating in the peaceful transition of power with the incoming Biden Administration. We must now focus our efforts on addressing the biggest challenges before us: COVID-19, a nearly $30 trillion dollar national debt, a health care system in need of drastic reform, a broken immigration system, and a dysfunctional Congress. We also must immediately take steps to increase confidence in election integrity. Our continued existence as a country depends on it.