That is how it works for single sets of electors from states - like if Congress wanted to contest the Texas electors. The states that sent separate electors can be withheld from being considered by the President of the Senate - or at least that is the theory that is making the rounds.
I do not think there is an answer to this, as it is not addressed in the Constitution and the solution in 1876 was an unwritten agreement in Congress.
NOT official until Congress counts the votes. Without a majority, no candidate can be declared the winner.
and is pence in congress? pretty sure he's not. there wont be any tie in senate so what does pence have to do with congress?
Pence is the President of the Senate. His role is in the Constitution.
that only matters if there's a tie in senate.
It also applies to the 12th Amendment.
So - the seven states who sent separate electoral votes are not countable - they are contested. They are all "legal" and were sent according to law.
That is how it works for single sets of electors from states - like if Congress wanted to contest the Texas electors. The states that sent separate electors can be withheld from being considered by the President of the Senate - or at least that is the theory that is making the rounds.
I do not think there is an answer to this, as it is not addressed in the Constitution and the solution in 1876 was an unwritten agreement in Congress.