12A, relevant section (not written by the founders by the way)
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.
It's not self evident either way who counts or disqualified votes. Pence opens the ballots at a joint session. Those ballots are then counted. That's really all it says
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 shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing 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. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The 12th amendment is just a tweak of this section. If there is an irregularity in the votes, then logically someone has to decided which votes are good, and which votes are not. Otherwise, the states could send more votes than they are allotted, and get away with it. It is obvious that the President of the Senate has discretion here. If not, then counting the votes is meaningless.
12A, relevant section (not written by the founders by the way)
It's not self evident either way who counts or disqualified votes. Pence opens the ballots at a joint session. Those ballots are then counted. That's really all it says
Just need to count whatever the fuck he wants much like the Dems did in the states they stole.
The 12th amendment is just a tweak of this section. If there is an irregularity in the votes, then logically someone has to decided which votes are good, and which votes are not. Otherwise, the states could send more votes than they are allotted, and get away with it. It is obvious that the President of the Senate has discretion here. If not, then counting the votes is meaningless.
"...open all the certificates..."
I'm not sure people are reading this correctly