posted ago by Duke ago by Duke +7 / -0

Recently, a blog was posted that explains that the President of the Senate (Pence) has the sole authority to decide which certificates of election to open and count. It points out that there was a dispute in which Georgia's certificate of election was clearly defective, but Jefferson (President of the Senate at the time) chose to count it anyway.

The top comment on the post said "This is actually not true. It was contested & the house had voted 26 times (always in a tie) before rejecting him." This partially true. It is an indisputable fact that Jefferson chose to open and count Georgia's votes despite the defective certificate. If he had not done this, nobody would have had a majority of Electoral votes, and there would be been a contingent election BETWEEN ALL FIVE CANDIDATES WHO RECEIEVED ELECTORAL VOTES. The House of Representatives was Federalist, so John Adams would have won.

However, because he did count the votes, he and Burr had a majority, BUT they were tied. (At the time, each Elector had two votes, and the first place became President and second place became Vice President.) So, there was a contingent election BETWEEN THE TWO OF THEM to decide which would be President and which would be VP. It was a tie for thirty-five times before Hamilton convinced some Federalists to vote for Jefferson in order to prevent Burr from becoming President.

TL;DR: The article is correct that the President of the Senate chooses which votes to count. Jefferson chose to open and count Georgia's certificate, but that left a tie between him and Burr, leading to a contingent election. Mike Pence can choose whether or not to open and count any State's Electoral votes.

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Duke [S] 1 point ago +1 / -0

It changes the Electoral votes such that each Elector has one vote for President and one for Vice President, rather than two indistinguishable ones. It does NOT change anything related to the counting of the votes.

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thunderstorm 1 point ago +1 / -0

I meant in regards to Pence's power to choose which electoral votes he wishes to count, or not count.

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Duke [S] 1 point ago +1 / -0

Yes, that is absolutely right

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thunderstorm 2 points ago +2 / -0

Pence basically has the power to decide if the slate of votes sent to him followed the laws. It's no different if some random group of people sent an envelope of votes marked Scooby Doo. Who decides if those Scooby Doo votes are legitimate, or not? There is nobody other than Pence, and definitely no political body over him with some kind of oversight powers.