the Congressional Research Service

“ Federal law, in what is known as the “safe harbor” provision, provides that if a state, under its established statutory procedure, has made a “final determination of any controversy or contest” relative to the presidential election in the state, and if that determination is completed under this procedure at least six days before the electors are to meet to vote, such determination is to be considered “conclusive” as to which electors were appointed on election day (3 U.S.C. §5) . ”

“ In the event that no candidate has received a majority of the electoral votes for President, the election is ultimately to be decided by the House of Representatives in which the names of the three candidates receiving the most electoral votes for President are considered by the House, with each state having one vote. ”

“ The House and Senate are scheduled to convene in joint session on January 6, 2021, for the purpose of opening the 2020 presidential election electoral votes submitted by state government officials, certifying their validity, counting them, and declaring the official result of the election for President and Vice President. [1] This report describes the steps that precede the joint session, and the procedures set forth in the Constitution and federal statute by which the House and Senate jointly certify the results of the electoral vote. ”