It starts with the state legislatures. They must send in dueling ballots.
The system is clear on this. Only one body can declare anything unconstitutional, that body has failed its duty. Pence has no constitutional authority to declare any matter of fact. As an agent of both the executive (law enforcement) and legislative (law builders) he can enforce a lawful declaration or act as tie-breaker in any legislative conflict but he cannot declare a finding of fact.
This is literally western law 101, and the direct function of the separation of powers enumerated in the founding documents of this great Republic.
He must be presented with dueling ballots, thus triggering his legislative authority as president of the senate to settle the constitutional legislative conflict, and only certify one of the 2 ballots, or set them both aside at his sole discretion.
This is why it is absolutely without a doubt time to demand that the 7 contested state legislatures do their constitutional and moral duty and send electors for Trump to be counted.
I'm sorry fren. The 12th amendment does not provide Pence with the power to choose between dueling electors. There is only one law which lays out a procedure for what to do with dueling electors - The Electoral Count Act of 1887.
We need to somehow convince some of the House democrats who won in tight races to vote for Trump electors. And then maybe 2-3 Senate democrats in swing states to have the Senate vote for Trump as well.
It starts with the state legislatures. They must send in dueling ballots.
The system is clear on this. Only one body can declare anything unconstitutional, that body has failed its duty. Pence has no constitutional authority to declare any matter of fact. As an agent of both the executive (law enforcement) and legislative (law builders) he can enforce a lawful declaration or act as tie-breaker in any legislative conflict but he cannot declare a finding of fact.
This is literally western law 101, and the direct function of the separation of powers enumerated in the founding documents of this great Republic.
He must be presented with dueling ballots, thus triggering his legislative authority as president of the senate to settle the constitutional legislative conflict, and only certify one of the 2 ballots, or set them both aside at his sole discretion.
This is why it is absolutely without a doubt time to demand that the 7 contested state legislatures do their constitutional and moral duty and send electors for Trump to be counted.
The VP can only act if the states act.
I'm sorry fren. The 12th amendment does not provide Pence with the power to choose between dueling electors. There is only one law which lays out a procedure for what to do with dueling electors - The Electoral Count Act of 1887.
We need to somehow convince some of the House democrats who won in tight races to vote for Trump electors. And then maybe 2-3 Senate democrats in swing states to have the Senate vote for Trump as well.