Skip to main content

Moolenaar Statement on the Electoral College Results

January 5, 2021

Congressman John Moolenaar released the following statement regarding the results of the Electoral College:

"For the past four years, I have worked with President Trump to fight for working families, strengthen the economy, protect the Great Lakes, build a new lock at the Soo Locks, help farmers, and secure aid for the flood victims of our region. The president has been a tremendous advocate for the working people of Michigan and I campaigned with him multiple times in Michigan last fall.

"It has always been up to the states and the state legislatures to run their elections and I have strong concerns about what happened in November, especially with rushed changes regarding mail-in voting applications and the voter ID laws. The work to make our elections fair will continue in the weeks and months ahead, and I will be fighting to make sure the concerns of the citizens are addressed.

"The Constitution and the rule of law have been the foundation of our democratic republic for more than 230 years. Article II, Section I of the Constitution is very clear about how the president is elected (see below) and it is up to the states to choose their electors, have them vote in the Electoral College, and send the results to Congress.

"When the results arrive in Congress, the Constitution says the certificates from the states shall be opened "and the votes shall then be counted." There is no other role for Congress to play in this process and the Constitution does not allow for Congress to insert its own electors for any state.

"Our state legislature has not contested Michigan's Electoral College results, and none of the other state legislatures have called for their own results to be contested. I have sworn an oath to defend the Constitution. I will uphold that oath and accept the electoral results sent to Congress by the states of our republic."

Article II, Section I of the Constitution

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.