Yes. Both the (DEM & REP) SLATES have had their names selected by their State Legislatures. Both SLATES have voted on Dec 14th. Both SLATES have signed and sealed their tallies as required in the US Constitution. Now obviously, both SLATES are not (cannot be) legal/constitutional at the same time; one or both are illegal/unconstitutional.
So Pence, like any government official, can do or not do things; in the name of upholding their Oath of Office to the US Constitution. And if people don't like that, they can sue him one way or the other. If Pence has been informed/knows there's fraud/cheating with a State's Electors, he can have the issue looked into before becoming part of the DEM fraud/cheat/steal (just as the governors could look into it before "certifying" which "governors certifying" btw is not in the Constitution.
Pence or anyone else along the chain of custody can say, "hey these are fraudulent" and others can say "hey these are real" no different than King Solomon deciding which woman was the real baby's mother; it is a judicial function to decide such things; this is the courts job. Absent a court of law willing to rule on the matter; then it's whatever justice occurs OUTSIDE of a courtroom rather than within (hence one of the whole reasons why courts exist in the firstplace to avoid settling things OUTSIDE or keeping things "unsettled".
To use a bad analogy:
It's sort of like if a renter wrote 3 checks the week before Rent was due on the 6th of the month, each on three separate bank accounts. And come time for the landlord to cash one of the checks on the 6th, but the money is only in one of the three accounts. Which account is it in? Is it in the REP account, the DEM account, or the no Slates count account.
This is why in the US Constitution, and the US Code which comes from it; there is NO power for the State Legislatures to "pre-date" their SLATES of ELECTORS. State Legislatures are only "empowered" legally to appoint Electors within the timeframe set by congress (as per the US Constitution). So nominating "SLATES" beforehand, isn't legit (same for afterwards, but again the Constitution isn't being followed either before or after.)
So now there's two SLATES, well, both could be invalid; heck realistically under the US Constitution all the SLATES of ALL the STATES are invalid; which means there's no short list for the joint-session to vote upon in a contingent-election. Which means, the congress would have to do as written in the US Constitution, and tell all the State Legislaturs again the time(day/timeframe) which they have to appoint their State's Electors; and congress (as per the Constitution) to say when(date) those new SLATES are to vote. And to bring those votes to a new joint-session to be opened. This is what the SCOTUS should do if it had the balls to enforce the US Constitution as written.
So Pence, like any government official, can do or not do things; in the name of upholding their Oath of Office to the US Constitution. And if people don't like that, they can sue him one way or the other.
Some are saying that Pence could, for example, throw out both slates of Georgia Electors, based on evidence of fraud.
This would happen even before any objection to Georgia Electors. In this scenario, there would be no slate of Georgia Electors for Congress to object to as Pence would have tossed both slates of Georgia Electors.
Simply having two SLATES is enough to toss out both SLATES from all the States that have dualing Electors; or again, courts can rule on these things too; and State Legislatures can weigh in as well.
The only real course of action that follows the Constitution as written is all Slates are void by all States (Since I dont think a single State Legislature appointed its Electoral SLATE on ELECTION DAY are required by 3 USC 1 and Article 2. And without any vald Elector votes; then the joint-session doesn't have at top 3 shortlist to choose from; hence they can't vote either; and thus; as per the US Constitution, congress can set a new date for "Election Day" for the State Legislatures to do their thing again.
So other than that (or maybe Biden/Harris votes going to zero since they're both ineligible candidates for POTUS); other than these two being the only absolute real "Strict-Constructionist as written Constitutional" option.
So yes, everything else is conceivable! especially if everyone involved keeps making things up or following very unconstitutional laws.
Yes. Both the (DEM & REP) SLATES have had their names selected by their State Legislatures. Both SLATES have voted on Dec 14th. Both SLATES have signed and sealed their tallies as required in the US Constitution. Now obviously, both SLATES are not (cannot be) legal/constitutional at the same time; one or both are illegal/unconstitutional.
So Pence, like any government official, can do or not do things; in the name of upholding their Oath of Office to the US Constitution. And if people don't like that, they can sue him one way or the other. If Pence has been informed/knows there's fraud/cheating with a State's Electors, he can have the issue looked into before becoming part of the DEM fraud/cheat/steal (just as the governors could look into it before "certifying" which "governors certifying" btw is not in the Constitution.
Pence or anyone else along the chain of custody can say, "hey these are fraudulent" and others can say "hey these are real" no different than King Solomon deciding which woman was the real baby's mother; it is a judicial function to decide such things; this is the courts job. Absent a court of law willing to rule on the matter; then it's whatever justice occurs OUTSIDE of a courtroom rather than within (hence one of the whole reasons why courts exist in the firstplace to avoid settling things OUTSIDE or keeping things "unsettled".
To use a bad analogy:
It's sort of like if a renter wrote 3 checks the week before Rent was due on the 6th of the month, each on three separate bank accounts. And come time for the landlord to cash one of the checks on the 6th, but the money is only in one of the three accounts. Which account is it in? Is it in the REP account, the DEM account, or the no Slates count account.
This is why in the US Constitution, and the US Code which comes from it; there is NO power for the State Legislatures to "pre-date" their SLATES of ELECTORS. State Legislatures are only "empowered" legally to appoint Electors within the timeframe set by congress (as per the US Constitution). So nominating "SLATES" beforehand, isn't legit (same for afterwards, but again the Constitution isn't being followed either before or after.)
So now there's two SLATES, well, both could be invalid; heck realistically under the US Constitution all the SLATES of ALL the STATES are invalid; which means there's no short list for the joint-session to vote upon in a contingent-election. Which means, the congress would have to do as written in the US Constitution, and tell all the State Legislaturs again the time(day/timeframe) which they have to appoint their State's Electors; and congress (as per the Constitution) to say when(date) those new SLATES are to vote. And to bring those votes to a new joint-session to be opened. This is what the SCOTUS should do if it had the balls to enforce the US Constitution as written.
Some are saying that Pence could, for example, throw out both slates of Georgia Electors, based on evidence of fraud.
This would happen even before any objection to Georgia Electors. In this scenario, there would be no slate of Georgia Electors for Congress to object to as Pence would have tossed both slates of Georgia Electors.
Is that scenario conceivable?
Yes. Anything is conceivable.
Simply having two SLATES is enough to toss out both SLATES from all the States that have dualing Electors; or again, courts can rule on these things too; and State Legislatures can weigh in as well.
The only real course of action that follows the Constitution as written is all Slates are void by all States (Since I dont think a single State Legislature appointed its Electoral SLATE on ELECTION DAY are required by 3 USC 1 and Article 2. And without any vald Elector votes; then the joint-session doesn't have at top 3 shortlist to choose from; hence they can't vote either; and thus; as per the US Constitution, congress can set a new date for "Election Day" for the State Legislatures to do their thing again.
So other than that (or maybe Biden/Harris votes going to zero since they're both ineligible candidates for POTUS); other than these two being the only absolute real "Strict-Constructionist as written Constitutional" option.
So yes, everything else is conceivable! especially if everyone involved keeps making things up or following very unconstitutional laws.