Oh, I guess 1 Dem congressmen and 1 Dem senator would declare dispute (more likely all of them) if Pence did that, sending the vote to House delegates.
Here is the 12th Amendment to the Constitution. This should clear it up for you:
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President-The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
It just says the majority determines result, and then explains what happens if there is no majority. Nothing about electors sent for both candidates and VP choosing which ones to count.
The last time multiple slates of electors were sent to Congress does not provide much help in how it could be sorted out in 2020. The disputed 1876 election between Republican Rutherford Hayes and Democrat Samuel Tilden came down to who won Florida, Louisiana, Oregon and South Carolina. Complicating matters, the three former Confederate states ― Florida, Louisiana and South Carolina ― sent two separate slates of electors to Congress. At the time, Congress was split between Democrats, who controlled the House of Representatives, and Republicans, who controlled the Senate.
As one would expect to happen in the hyper-partisan post-Civil War environment, Democrats in the House affirmed the Tilden electors and Republicans accepted the Hayes electors. An argument ensued over which body got to choose, based on each chamber’s preferred interpretation of the Constitution’s 12th Amendment (which was enacted after the disputed election of 1800 to clarify the process of electing the president and vice president).
The 12th Amendment, unfortunately, didn’t have anything to say about the 1876 impasse. The two chambers eventually decided to appoint a commission made up of 15 members ― five each from the House, Senate and Supreme Court. The end result was the Compromise of 1877, which handed Hayes the presidency in exchange for him pulling federal troops out of the former Confederacy, leaving formerly enslaved Blacks to fend for themselves against white terrorism and a new system of racial apartheid. The resolution did not occur until two days before Inauguration Day (which then was in early March).
In response to this barely averted constitutional crisis, Congress enacted the Electoral Count Act of 1887 in an attempt to formalize procedures for how Congress should handle future Electoral College disputes. But the law, like so many other late-19th century laws, was poorly written, cryptic in its meaning and riddled with ambiguities and inconsistencies. Even today, scholars cannot agree on a shared reading of the law. And that hazy law will undergird the entire process by which Biden or Trump would ultimately prevail in the nightmare scenario.
It doesn't say he can't pick the Trump electors. Nothing there says which group he can pick, so he should have discretion. AND the supreme court is already out. Why not?
Since Hillary and her ilk ran the same election fraud, they would have only served to expose their own scheme and lost this election and every one past it as well.
This process only aids the party who is not guilty of election shenanigans, as was the intent.
Oh, I guess 1 Dem congressmen and 1 Dem senator would declare dispute (more likely all of them) if Pence did that, sending the vote to House delegates.
Is that all it takes to dispute the election? Two people?
That is the mechanism to dispute votes regardless of any "dueling" status, and requires Congress to agree to disregard them.
This is the nightmare scenario.
How is it a nightmare scenario? 12th ammendment would be invoked.
Here is the 12th Amendment to the Constitution. This should clear it up for you:
It doesn't though. (As far as I can see.)
It just says the majority determines result, and then explains what happens if there is no majority. Nothing about electors sent for both candidates and VP choosing which ones to count.
Yes, I noticed that too.
How about this?
https://www.huffpost.com/entry/election-2020-nightmare_n_5f65163fc5b6de79b674a9d5
It doesn't say he can't pick the Trump electors. Nothing there says which group he can pick, so he should have discretion. AND the supreme court is already out. Why not?
Since Hillary and her ilk ran the same election fraud, they would have only served to expose their own scheme and lost this election and every one past it as well.
This process only aids the party who is not guilty of election shenanigans, as was the intent.
Did Democrat have state delegate, house or senate advantage in 2016?
Following.