Letter to constituents - Rutherford Details Objections to State Electors

Letter

Dear Friend,
I take very seriously my sworn oath to uphold the U.S. Constitution and my responsibility to represent the
voters of Florida's Fourth Congressional District. I believe it is important to be open and transparent with you about
my votes before Congress and the reasoning behind my decisions. In that vein, I would like to take this opportunity
to share with you the historical context and constitutional basis for my decision to object to the certification of
electors from Arizona and Pennsylvania, which I have outlined in more detail below.
Our Founders, through Article II, Section I, of our Constitution, granted state legislatures the sole power to
determine the manner for appointing electors to the electoral college. In both Arizona and Pennsylvania, state
officials and the courts made unilateral changes to election processes, including to mail-in ballot signature
verification requirements and voter registration deadlines, in contradiction to the laws established by their state's
legislature.
As your federal representative, I have the responsibility to serve as a check and balance on our federal
elections through the certification process required of Congress by the Electoral Count Act of 1887 (3 U.S. Code §
15): that on January 6th, at 1:00pm, Congress shall meet in a joint session to certify the electors of each state, one by
one, in alphabetical order; that if a member of the House and a member of the Senate both object, in writing, to the
electors of a state, the session will recess to their respective chamber to debate the objection; and that at the end of
the debate, each chamber will vote to determine if the objection to that state's electors holds.
On January 6, 2021, members of both the House and the Senate objected to electors from Arizona and
Pennsylvania, which were then considered by both chambers. At the conclusion of the debate in the House, I agreed
that both states violated the Article II, Section 1, requirement that only state legislatures may determine election
laws. Even so, neither objection held and both states had their electors' votes counted.
After all concerns had been raised and debated, it was abundantly clear that former Vice President Joe Biden
earned the 270 votes required to be elected the next President of the United States. I offer my sincerest
congratulations to President-elect Biden and Vice President-elect Harris, and I pray for them as they lead our great
country.
To be clear, my objection and those of my colleagues did not have enough support to change the outcome of
the election; yet it was a vote rooted in what I believe is my oath to uphold our Constitution and hold states
accountable. Objecting to electoral votes is a regular part of Congress's role in certifying electors and ensuring the
integrity of our elections. Some of the more well-known instances of Congressional objections occurred in 1969,
2001, 2005, and 2017. This is a regular part of the formal certification and oversight of our elections process, and a
good one.
Whether we agree or disagree with the conclusion I reached on January 6th
, please know it is my distinct
honor to service you in Congress. These are times of divisive political rhetoric that we must overcome together. It is
my hope that keeping an open door and open dialogue will help our community refocus on the issues that bring us
together, like safely rebuilding a strong economy, protecting our First Amendment rights, and standing up for the
rule of law.
May God bless you, your family, and our nation.

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