None of the contested states have provided a constitutional slate of electors. And that is the important point to note. The 12th Amendment itself does not give the VP power to disregard electors, but it's language along with Article II gives him the power to not accept electors that aren't constitutional.
We can argue in circles here if you like, but the fact of the matter is that nobody has followed the Constitution to this point, at least in the contested states, and no matter what the VP will not be making the more unlawful act in simply ignoring the slates of electors sent to the Congress. You can argue the second set of electors are all unconstitutional based on the fact they were not sent by a majority of the state legislatures, but an equal argument that the ones sent were arrived at through unconstitutional means (ignoring the electoral laws set forth by the legislatures).
Either way, the slates sent are garbage and the VP has the ability to dismiss them all.
I'm not arguing which slate of electors is constitutional or not. I'm saying that no state body has sent dual electors. Also, that's besides the point. Pence has to open and count ALL papers purporting to be electors. That is all his job is. He has no power to reject them. No text in the constitution grants him such power.
No state has officially sent dual electors. Also, 12th amendment does not give VP power to disregard electors.
None of the contested states have provided a constitutional slate of electors. And that is the important point to note. The 12th Amendment itself does not give the VP power to disregard electors, but it's language along with Article II gives him the power to not accept electors that aren't constitutional.
We can argue in circles here if you like, but the fact of the matter is that nobody has followed the Constitution to this point, at least in the contested states, and no matter what the VP will not be making the more unlawful act in simply ignoring the slates of electors sent to the Congress. You can argue the second set of electors are all unconstitutional based on the fact they were not sent by a majority of the state legislatures, but an equal argument that the ones sent were arrived at through unconstitutional means (ignoring the electoral laws set forth by the legislatures).
Either way, the slates sent are garbage and the VP has the ability to dismiss them all.
I'm not arguing which slate of electors is constitutional or not. I'm saying that no state body has sent dual electors. Also, that's besides the point. Pence has to open and count ALL papers purporting to be electors. That is all his job is. He has no power to reject them. No text in the constitution grants him such power.
He can do whatever he wants, and let the dems fight for the fraudulent votes.