Two members of the House of Representatives are claiming that if the Speakership Vote does not resolve by January 6th, the Congressional Count cannot proceed (because the members of the House will have yet to be sworn in). If this is true, then this represents a loophole in the Congressional Count Act that must be plugged to prevent a crisis, allowing the Congressional Count to proceed anyway. Until the Congressional Count can happen, the Electoral College result cannot be certified, and the new President cannot be sworn in.
To demonstrate the possible implications if this is indeed the case, let us consider what would happen this time around if the Congressional Count has not yet occurred at Noon Eastern on January 20. Biden and Kamala would still lose their power, but Trump could not yet be restored at that point, and neither could Vance become either Vice President or Acting President. Ordinarily, the Speaker would become Acting President at this point, but this whole scenario has arisen from Mike Johnson’s failure to secure re-election. His previous term as Speaker having already expired, he also could not become Acting President.
Now, the Pro Tempore position must be checked. This is normally the most senior member of the party controlling the Senate, so this would presumably be Chuck Grassley of Iowa. However, he is already 91 as of the writing of this Observation topic. If something were to happen to him before January 20, then next in line for Pro Tempore would be Mitch McConnell of Kentucky, himself already 82 and known to have a history of health problems. In the event something happens to both Grassley and McConnell before January 20, then next in line after that is Susan Collins of Maine.
It could get even more complicated if something happens to the Pro Tempore after January 20 instead of before (suffice it to say, all of the scenarios resulting from this are likely nightmare scenarios for anyone likely to use this forum), or during the brief period between the Speakership Vote resolving and the Congressional Count and subsequent Inauguration finally happening (as Mike Johnson, if he were to become Speaker as most would expect at this point, would likely then suddenly supersede Chuck Grassley).
Exploration of this scenario should demonstrate the possible danger. An incoming President should not be made to wait to be inaugurated by a House that cannot decide on a Speaker.