Many are unaware of the legal processes available on January 6th and those that are doubt which one should be followed. The Electoral Count Act of 1887 seems like a long shot considering both Houses must agree to the objections raised against democratic slate of electors while one House has a dem majority.
A more secure, but far from guaranteed, route would be the 12th Amendment where the decision falls to the presiding officer of the joint session, ie. the VP, whether to certify the count. In not doing so, the House will have to elect the president, 1 vote per state, of which GOP controls majority of them.
In before being accused of moving the goal posts again and to bring clarity on the legal processes available, here's my prognosis:
I don't think the Electoral Count Act of 1887-card will be played tomorrow, simply because its dependence on a majority vote by the Dem-controlled House to reject the Biden electoral votes will be self-defeating. Neither will the election be flipped to Trump since the presiding officer of the joint session simply doesn't have that power, nor will he want that responsibility. Neither will we have the 12th Amendment (1-vote-per-state) enacted tomorrow, but it will probably be postponed. Whoever will preside over the certification tomorrow (most likely Pence) will, after objections and debates over election results have been held, kick it back to the state legislatures who will have a period of time to decide which of the duelling slates will officially be designated. For this to be effective, today's senate run-off in Georgia will act as an incentive, or lack thereof, to challenge the official results of Nov 3rd. If either today's result show a large discrepancy with Nov 3rd in favour of Republicans, or wary voters / election officials have been able to record / document fraudulous activity, legislatures in the contested states will be incentivized to organise special sessions where senators will hear any extant and or new evidence available. It's also possible, even probable, that for this very reason the run-off results won't be (made) known until after the joint session.
Then it will come down to which state legislatures will officially reject their democratic slate of electors and if the total amount of subtracted electoral votes for Joe Biden is 37 or more. If neither Biden or Trump has the required 270 electors by that deadline, the 12th Amendment clause kicks in.
If state legislatures decide to reject the democratic slate of electors, and if other contested states decide to file suit against them for doing that, it will prove futile since the US Supreme Court has set a precedent in the Texas lawsuit where states have insufficient standing to question the manner by which other states conduct their elections.
