To understand the congressional battlefield with regard to the counting of the 2000 presidential vote, we will need a (mercifully) brief review of the law and procedure of electoral vote counting, such as it is. For more comprehensive but less merciful discussions, see Stephen A. Siegel, The Conscientious Congressman’s Guide to the Electoral Count Act of 1887, 56 Fla. L. Rev. 541 (2004) and Vasan Kesavan, Is the Electoral Count Act Constitutional?, 80 N.C. L. Rev. 1653 (2002).
The Basic Counting Procedure
As discussed in my original post, the Constitution does not say who, if anybody, has the “power” to count electoral votes. It says “the votes shall . . . be counted,” apparently referring to a mathematical task that could be performed by anyone who has mastered addition. In current congressional practice, this task is performed by four tellers, who consist of two members of each house appointed by the presiding officers thereof (with one teller from each party in each house).
To see how this works in an ordinary and uncontested situation, see this video of the counting of the electoral vote from the 2012 presidential election. After the members of the House and Senate file in to the chamber, Vice President Biden calls the four tellers (Senators Chuck Schumer and Lamar Alexander and Representatives Candace Miller and Robert Brady, respectively the chairs and ranking members of the Senate Committee on Rules and Administration and the Committee on House Administration) to come forward. The opening and reading of the certificates of the states (plus the District of Columbia) is done one at a time, proceeding in alphabetical order.