It will be the current house as it will occur before the new Congress is seated.
It will be the current house as it will occur before the new Congress is seated.
Not according to the Constitution.
The Electoral votes are counted (not certified or approved) by a Special joint session of the new Congress, as the first order of business after officers are elected. The President of the Senate (Kamala Harris) presides over the session, but all rulings by the chair can be appealed to the floor, where each Senator and each Representative has one vote.
A simple majority (268) can overrule the chair. Although there are 538 Electoral votes since the States unwisely awarded 3 EV to Congress for the District of Columbia in 1960 by amending the Constitution, there are only 535 votes in the Special Joint Session since even Congress in 1960 was not corrupt enough to give itself Senators and Congressmen.
Look at the date the new Congress is sworn in and the date the Electoral votes and opened and counted.