Statement of Attorney General Phil Weiser on Congress’ role in certifying the electoral vote count

Jan. 4, 2021 (DENVER, Colo.)—Attorney General Phil Weiser today released the following statement regarding Congress’ role in certifying the electoral vote count this week:

“The idea that the Congress’ and Vice President’s role is anything other than counting the electoral votes already certified by the States is an affront to the rule of law and a threat to our democratic republic. Under the Electoral Count Act, once the States certify the election results and electors cast their ballots, Congress’ only role is ministerial—counting those ballots.

“The claim by Senator Josh Hawley and some House Republicans that the presidential election process allows for Congress—or anyone—to overturn election results is flat out wrong. The Supreme Court just rejected a similar constitutionally offensive suggestion from Texas, which claimed it had the right to second guess other states’ Presidential elections. And just last year, Colorado and Washington won a unanimous Supreme Court victory that affirmed the authority of the states to manage Presidential elections. Anyone who believes in, and understands, our Constitution, as well as our commitment to federalism, should oppose this dangerous and unprincipled stunt.”

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