Will senators vote for witnesses? What if it’s a tie? Answering impeachment questions

Senators are moving into the next phase of President Donald Trump’s impeachment trial: the much awaited vote on impeachment witnesses.

The vote could bring people like former National Security Advisor John Bolton or Hunter Biden to the stand, or it could mark the beginning of the end of the trial. The vote itself has put the spotlight on lawmakers such as Sens. Susan Collins and Mitt Romney, who may swing the decision in either direction.

Here’s what to expect when the trial resumes Friday afternoon.

How will the vote on witnesses work?

The trial will open with four hours of debate with both the House impeachment managers and Trump’s defense team making the case for witnesses. Senators then take a vote on whether to consider calling witnesses and other documents.

The measure needs 51 votes to pass, and if successful, senators will then vote on specific people. Democrats have called for former National Security Advisor John Bolton to take the stand, while Republicans are seeking to hear from former Vice President Joe Biden or his son Hunter Biden.

If the vote fails, then senators could move to have a final vote on whether to convict Trump and remove him from office or to acquit him of the articles of impeachment.

Where do the senators stand?

Since Democrats do not have the majority in the Senate, they need at least four Republican lawmakers to join their push to call for witnesses. This has put pressure on moderate senators who have indicated they are open to witnesses, but they also face backlash from fellow Republicans.

Republican Sen. Mitt Romney, of Utah, has long backed the call for witnesses and his spokesman confirmed to The Salt Lake Tribune that he will support the motion Friday. Republican Senator Collins, of Maine, also said late Thursday that she will support the measure, according to CNN.

Tennessee Republican Sen. Lamar Alexander announced Thursday he will vote against calling witnesses, which may have dashed the Democrats’ hope of gaining four votes.

“There is no need for more evidence to prove something that has already been proven and that does not meet the United States Constitution’s high bar for an impeachable offense,” he said on Twitter.

Alaska Sen. Lisa Murkowski, who was one of the remaining Republican holdouts, said Friday she will also vote “no.”

In a statement, the senator said the articles of impeachment were “rushed and flawed.”

“I carefully considered the need for additional witnesses and documents, to cure the shortcomings of its process, but ultimately decided that I will vote against considering motions to subpoena,” she said.

She continued, saying that she felt there would be no fair trial in the Senate due to the partisan nature of this impeachment.

“I don’t believe the continuation of this process will change anything,” she said. “It is sad for me to admit that, as an institution, the Congress had failed.”

What if the vote is a tie?

While highly unlikely, the vote on whether to allow witnesses could end in a 50-50 tie. In that case, it could fall to Chief Justice John Roberts to break the tie since he is presiding over the trial.

Whether Roberts has that power is disputed, since the Constitution does not explicitly give him a tie-breaking role. There were no tie votes during former President Bill Clinton’s trial in 1999, but there were two ties at former President Andrew Johnson’s trial in 1868. Chief Justice Salmon Chase broke the tie votes in that case after a motion to stop him from was defeated.

According to a report from the Congressional Research Service, a chief justice is not expected to vote when presiding over an impeachment trial, “even in the case of a tie.”

“If a vote on a question results in a tie, the question is decided in the negative,” the report stated.

This story was originally published January 31, 2020 at 11:00 AM.