On Sunday, Sen. Tom Cotton (R-AR) criticized an upcoming attempt by some members of the GOP to reject certain electors, saying that Congress does not have the authority to overturn the results of the election and doing so would “establish unwise precedents.”
“I share the concerns of many Arkansans about irregularities in the presidential election, especially in states that rushed through election-law changes to relax standards for voting-by-mail,” Cotton said in a statement late on Sunday evening after being sworn into the new Congress. “I also share their disappointment with the election results. I therefore support a commission to study the last election and propose reforms to protect the integrity of our elections. And after Republicans win in Georgia, the Senate should also hold more hearings on these matters. All Americans deserve to have confidence in the elections that undergird our free government.”
Cotton noted that Congress does not have the power to overturn the election results and that he will not support attempts to stop the certification of the Electoral College votes on Wednesday because it could “embolden Democrats” who want to destroy the Constitution.
“Nevertheless, the Founders entrusted our elections chiefly to the states — not Congress,” Cotton said. “They entrusted the election of our president to the people, acting through the Electoral College — not Congress. And they entrusted the adjudication of election disputes to the courts — not Congress. Under the Constitution and federal law, Congress’s power is limited to counting electoral votes submitted by the states.”
“If Congress purported to overturn the results of the Electoral College, it would not only exceed that power, but also establish unwise precedents,” Cotton continued. “First, Congress would take away the power to choose the president from the people, which would essentially end presidential elections and place that power in the hands of whichever party controls Congress. Second, Congress would imperil the Electoral College, which gives small states like Arkansas a voice in presidential elections. Democrats could achieve their longstanding goal of eliminating the Electoral College in effect by refusing to count electoral votes in the future for a Republican president-elect. Third, Congress would take another big step toward federalizing election law, another longstanding Democratic priority that Republicans have consistently opposed.”
“Thus, I will not oppose the counting of certified electoral votes on January 6,” Cotton concluded. “I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term — it will only embolden those Democrats who want to erode further our system of constitutional government.”