Warnock, Ossoff win Georgia runoffs; Democrats to control U.S. Senate

Democrats won control of the U.S. Senate following two runoff elections in Georgia on Jan. 5. Jon Ossoff (D) defeated David Perdue (R) in the regular runoff election, and Raphael Warnock (D) defeated Kelly Loeffler (R) in the special runoff election.

• In the regular runoff, Ossoff received 50.5% of the vote to Perdue's 49.5% as of Jan. 8. Perdue was elected in 2014, and his term ended on Jan. 3. 
• In the special election, Warnock had 50.9% of the vote to Loeffler's 49.1%. Gov. Brian Kemp (R) appointed Loeffler after Johnny Isakson (R) resigned at the end of 2019 for health reasons. Warnock will serve the remaining two years of the term Isakson won in 2016.
• Turnout in the runoffs was around 4.5 million—a 10% decrease from the 5 million who voted on Nov. 3 in Georgia. The two other times Georgia held runoffs for seats in the U.S. Senate—in 2008 and 1992— turnout was more than 40% lower for the runoffs versus the general election.
• After the runoff results are certified, Ossoff and Warnock will bring the Democratic caucus to 50 members, splitting the chamber with 50 Republicans. When she is sworn in on Jan. 20, the vice president—Kamala Harris (D)—will cast the tie-breaking vote in the chamber. Secretary of State Brad Raffensperger (R) has until Jan. 22 to certify runoff results.
• Democrats last controlled the Senate from 2007 to 2015. Democrats currently hold a majority of 222-211 in the U.S. House.

Congress certifies Electoral College votes, declares Biden winner of presidential election

Congress convened a joint session on Jan. 6 to count electoral votes by state and confirm the result of the 2020 presidential election.

• As president of the Senate, Vice President Mike Pence (R) presided over the proceedings. To object to a state’s count, one member each from the House and Senate had to submit a written objection after the body read the vote count from a particular state or D.C. After time for debate—a maximum of two hours—both chambers voted by a simple majority to concur or reject the objection.
• Several pro-Donald Trump demonstrations, including the March for Trump and Save America Rally, took place in Washington, D.C., that day to protest the 2020 presidential election results. Thousands of supporters of President Donald Trump (R) went to the Capitol Building as Congress was in its joint session. Around 2:15 p.m. ET, both chambers recessed as the group breached the Capitol and the building went into lockdown. The group trespassed through several security barriers, leading to altercations with police and other security officials. Hundreds reached the interior of the Capitol and vandalized the building. Pence and House Speaker Nancy Pelosi (D-Calif.) were evacuated. Other members of Congress evacuated or sheltered in place. Five people died, including a Capitol Police officer and one woman shot and killed by Capitol Police.
• After the Capitol was secured, Congress reconvened after 8 p.m. ET to continue with the count Members submitted objections for six states. Two objections were formally presented by a Senate and House member:
  • Arizona: The Senate voted against sustaining the objection to Arizona's electoral votes by a vote of 6-93. The House voted against sustaining this objection by a vote of 121-303.
  • Pennsylvania: The Senate voted against sustaining the objection to Pennsylvania's electoral votes by a vote of 7-92. The House voted against sustaining the objection by a vote of 138-282.
• Four states were counted following incomplete objections presented by a U.S. House member without a U.S. senator:
  • Georgia
  • Michigan
  • Nevada
  • Wisconsin
• At 3:40 a.m. ET, Pence declared former Vice President Joe Biden (D) the winner of the presidential election with 306 electoral votes and concluded the joint session.

Biden announces picks for attorney general, economic positions

President-elect Joe Biden (D) announced on Jan. 7 that he had selected Merrick Garland, a federal judge on the U.S. Court of Appeals for the District of Columbia Circuit, as his nominee for U.S. attorney general. Garland previously worked at the Department of Justice, where he led prosecutions related to the Oklahoma City bombings and the Unabomber case. He was a deputy assistant attorney general for the Criminal Division and a principal associate deputy attorney general. Garland was previously nominated to the Supreme Court by President Barack Obama (D) in 2016 to fill the vacancy left by Justice Antonin Scalia.

• Biden also announced three economic Cabinet and Cabinet-rank nominees:
  • Gina Raimondo for secretary of commerce: Gina Raimondo has served as the governor of Rhode Island since 2015. She was chair of the Democratic Governors Association from 2018 to 2019. She also served as the treasurer of Rhode Island from 2011 to 2015. Prior to her public service, Raimondo co-founded the first capital venture firm in Rhode Island history, according to the Biden campaign. In Rhode Island, a vacancy in the office of the governor is filled by the lieutenant governor. Daniel McKee (D) currently holds that position.
  • Marty Walsh for secretary of labor: Marty Walsh has served as the mayor of Boston since 2014. He was a member of the Massachusetts House of Representatives, chair of the Massachusetts Democratic Party Labor Caucus, and the co-chair of the Special Commission on Public Construction Reform. Walsh also worked as a union leader, serving as the head of the Laborers’ Union Local 223 and the Building and the Boston Metropolitan District Building Trades Council.
  • Isabel Guzman for small business administrator: Isabel Guzman is the director of the Office of the Small Business Advocate within the California Governor’s Office of Business and Economic Development. She worked in the Obama administration as a deputy chief of staff and senior advisor in the Small Business Administration. Guzman also worked as an advisor at ProAmérica Bank.

Pelosi elected speaker of the House for 117th Congress

Rep. Nancy Pelosi (D-Calif.) was elected speaker of the House of Representatives on Jan. 3, receiving 216 votes. The speaker of the House is elected on the day the new Congress convenes. Pelosi was elected as the Democratic nominee for speaker by a voice vote on Nov. 18, 2020.

• The vote for speaker came after those Senators and Representatives elected on Nov. 3 were sworn in earlier in the day.
• Five Democratic representatives did not vote for Pelosi: Jared Golden (D-Maine), Conor Lamb (D-Pa.), Mikie Sherrill (D-N.J.), Elissa Slotkin (D-Mich.), and Abigail Spanberger (D-Va.). Golden voted for Sen. Tammy Duckworth (D-Ill.), and Lamb voted for Rep. Hakeem Jeffries (D-N.Y.). Sherrill, Slotkin, and Spanberger voted “present.” 
• All 209 participating Republican representatives cast their votes for House Minority Leader Kevin McCarthy (R-Calif.).
• A candidate for speaker of the House must receive a majority of the vote from members participating in the election. If all 435 members of the House vote for someone by name, a candidate for speaker must receive at least 218 votes to be elected. Because 427 representatives voted for someone by name, 214 votes were required for the speaker to be elected. Pelosi is the sixth speaker since 1912 (when the House grew to 435 members) elected without a majority of the full House membership.
• In 2019, Pelosi was elected speaker of the House with 220 votes. She previously served as House speaker from 2007 to 2010 and became House minority leader after Democrats lost control of the House in the 2010 elections.

Five federal officials test positive for coronavirus

• On Monday, Jan. 4, Rep. Kay Granger (R-Texas) announced she tested positive for COVID-19. 
• On Jan. 6, Rep. Kevin Brady (R-Texas) announced he tested positive for COVID-19. 
• On Jan. 6, Rep. Gus Bilirakis (R-Fl.) announced he tested positive for COVID-19. 
• On Jan. 7, Rep. Michelle Steel (R-Calif.) announced she tested positive for COVID-19. 
• On Jan. 7, Rep. Jake LaTurner (R-Kan.) announced he tested positive for COVID-19.

Trump campaign voluntarily dismisses election challenges in Georgia

Attorneys for the Trump campaign voluntarily dismissed two pending lawsuits on Jan. 7 challenging the election results in Georgia. 

• Trump v. Kemp (U.S. District Court for the Northern District of Georgia), which was dismissed by the court before being withdrawn by the campaign. 
• Trump v. Raffensperger (Fulton County Superior Court)

• Kurt Hilbert, an attorney for the campaign, said that the campaign was dismissing the lawsuits in light of a settlement agreement. Chris Anulewicz, a special assistant attorney general in Georgia, denied the existence of any such settlement.
• The U.S. Supreme Court declined on Jan. 7 to take up Gohmert v. Pence, a challenge to the elector dispute resolution provisions contained in the Electoral Count Act. A federal district court dismissed the lawsuit on Jan. 1. That dismissal was affirmed by the U.S. Court of Appeals for the Fifth Circuit on Jan. 2, prompting the appeal to the Supreme Court. The Supreme Court issued its order without noted dissent.

Supreme Court to resume hearing oral argument during January sitting

The Supreme Court of the United States will begin its January sitting next week. The court is conducting oral arguments via teleconference and is providing live audio of the arguments. The court made the decision in accordance with public health guidance in response to COVID-19.

• Next week, the court will hear a total of three hours of oral argument for three cases:
  • Jan. 11: Albence v. Guzman Chavez
  • Jan. 12: Uzuegbunam v. Preczewski
  • Jan. 13: AMG Capital Management, LLC v. Federal Trade Commission

• The court will hear arguments in three cases the following week, for a total of two hours of oral argument:
  • January 19: BP P.L.C. v. Mayor and City Council of Baltimore, FCC v. Prometheus Radio Project (Consolidated with National Association of Broadcasters v. Prometheus Radio Project)

Congress is not in session

Congress is not in session next week. Click here to see the full calendar for the second session of the 117th Congress.