Dear Tony,
Thank you for contacting me about the 2020 presidential election and the certification of the Electoral College results. I appreciate hearing from you.
The Constitution states that a United States citizen’s right to vote “shall not be denied or abridged.” It is important for this fundamental right to be protected to preserve our representative democracy. Elections are the mechanism by which voters choose their leaders and hold them accountable. Voting enables us to remain, as President Abraham Lincoln famously said, “a government of the people, by the people, for the people.”
It is also important to protect the integrity of our election system by putting in place safeguards and enabling every eligible voter to participate. For example, I was supportive of Pennsylvania’s efforts to pass a voter ID law that provided free photo identification to Pennsylvania voters. I have also been critical of the Pennsylvania Supreme Court’s unconstitutional decision to re-write state law and require county boards of election to count mail-in ballots, including those with illegible or no postmarks, that arrived three days after Election Day.
I stated publicly that the final outcome of this year’s presidential election would be reached when the election process concluded, which would be after all legal votes have been counted, litigation was resolved, and any recounts were completed. It is now a fact that former Vice President Joe Biden is the President-elect. In our own state, that became clear on November 21, 2020 when federal district court Judge Matthew Brann, a longtime conservative Republican whom I know to be a fair and unbiased jurist, dismissed the Trump campaign’s lawsuit challenging the state’s election results. Three Republican-appointed appellate judges have since upheld that dismissal, and on December 8, 2020, the U.S. Supreme Court denied a separate request to decertify the election results in Pennsylvania. In light of these court decisions, President Trump exhausted all plausible legal options to challenge the result of the presidential race in Pennsylvania.
On January 6, 2021, the U.S. House of Representatives and the U.S. Senate met in joint session to certify the votes of the Electoral College. While Congress was trying to fulfill this constitutional duty, throngs of protestors broke through the line of law enforcement officers working to protect the Capitol and laid siege to the building.
As a result of the ensuing violence, several people died, including Capitol Police Officer Brian Sicknick, who succumbed to his injuries after being struck in the head while he tried to help regain control of the Capitol. The actions of these rioters are an absolute disgrace, and the thugs that are responsible for Officer Sicknick’s murder must be arrested and prosecuted. The law enforcement officers who helped secure the Capitol are patriots, and I am grateful for their service.
Despite this futile attempt to undermine the results of the 2020 presidential election, Congress resumed its work to certify the votes of the Electoral College once the Capitol had been secured. Several Republican senators and multiple Republican House members objected to certifying the election results in two swing states-Arizona and Pennsylvania. These Members justified their objections by observing that there had been many allegations of fraud. But allegations of fraud by a losing campaign cannot justify overturning an election. They failed to acknowledge that these allegations had been adjudicated in courtrooms across America and were found to be unsupported by evidence. President Trump’s own Attorney General, Bill Barr, stated that “we have not seen fraud on a scale that could have effected a different outcome in the election.”
Early in the morning on January 7, 2021, Congress formally certified the votes of the Electoral College in favor of President-Elect Biden, completing the final step in the election process. I have congratulated President-elect Biden and Vice President-elect Kamala Harris on their victory. They are both dedicated public servants and I will be praying for them and for our country.
Unsurprisingly, I have significant policy disagreements with the President-elect. However, as I have done throughout my career, I will seek to work across the aisle with him and his administration, especially on those areas where we may agree, such as continuing our efforts to combat COVID-19, breaking down barriers to expanding trade, and supporting the men and women of our armed forces.
Thank you again for your correspondence. Do not hesitate to contact me in the future if I may be of assistance.
Sincerely,
Pat Toomey
U.S. Senator, Pennsylvania