Dual electors were sent from all of the states in question. This was done (I think) two weeks ago on the last day it could be done.
The only way those can be ignored (on the grounds that they were not sent by a majority of their legislatures) and accept the Biden slates, is to simultaneously ignore that the same legislatures laws about their elections were not adhered to, thus making those electors invalid as well.
Either way, the damage is done. Neither slate of electors is constitutional. Pence can simply disregard all of them, and should if he is to follow the Constitution.
As far as federal laws (Acts) go, they cannot override the Constitutional framework in place.
When it comes to state legislatures, I think we are past the point where they could intervene, even if they wanted to. They all sent unconstitutional slates of electors and there are no "givsies backsies".
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.
Dual electors were sent from all of the states in question. This was done (I think) two weeks ago on the last day it could be done.
The only way those can be ignored (on the grounds that they were not sent by a majority of their legislatures) and accept the Biden slates, is to simultaneously ignore that the same legislatures laws about their elections were not adhered to, thus making those electors invalid as well.
Either way, the damage is done. Neither slate of electors is constitutional. Pence can simply disregard all of them, and should if he is to follow the Constitution.
As far as federal laws (Acts) go, they cannot override the Constitutional framework in place.
When it comes to state legislatures, I think we are past the point where they could intervene, even if they wanted to. They all sent unconstitutional slates of electors and there are no "givsies backsies".
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.