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Analysis from constitutional law expert Mark Smith on ‘Fox & Friends First.’ Today is a key day in the certification of the election of President-elect Joe Biden as electors from individual states, pledged to the candidates assemble. This is the tabulation of the Electoral College. Article II, Section 1 of the Constitution says “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. The day of December 14 is dictated by an obscure, Byzantine 1887 law: the Electoral Count Act. Congress passed the legislation after the disputed 1876 presidential election between President Rutherford B. Hayes and Samuel Tilden. Electoral votes were far from certain in Florida, South Carolina, Louisiana and Oregon in 1876. There was a sprint to settle the Electoral College tally before Inauguration Day, 1877. Congress created an “electoral commission” to resolve the issues.

United statesWhite houseDistrict of columbiaSouth carolinaCapitol hillNancy pelosiJoe bidenJohn kasichSamuel tildenThomas jeffersonJohn quincy adamsDavid perdueBarbara boxerGeorgew bushStephanie tubbs jonesKelly loeffler