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?
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?