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Originally Posted by New Era
Read the article that lays out the road map for Trump to maintain power after losing the election. All of those machinations take place before the new congress is sworn in, hence the current congress casting the supporting vote.
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Just finished reading the article.
The article assumes that electoral votes are counted on the date states certify them.
However, 270toWin points out that Congress counts the votes on January 6th, 2021. The new Congress is sworn in on January 3rd, 2021.
From Wikidpedia
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Each state's electors meet in their respective state capital on the first Monday after the second Wednesday of December to cast their votes.[7] The results are counted by Congress, where they are tabulated in the first week of January before a joint meeting of the Senate and House of Representatives, presided over by the vice president, acting as president of the Senate.[7]
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https://en.m.wikipedia.org/wiki/Unit...ctoral_College
Note the citation is from the National Archives:
https://www.archives.gov/electoral-college/about
Which means that it should be the new Congress that holds the contingent election, not the current one.
That said the 117th Congress could yield a very similar vote to the 116th.
Given the Democratic majority I don't see how the Republicans could pull a McConnell and make stuff up to hold the contingent election early.