This is correct. Ppl don’t understand fully how it works. Pence doesn’t have authority to choose one set of electors over another... the House & Senate have that power on the 6th. Until that day, the state legislatures have the power to decertify or change their certifications.
The only power the House and Senate has is to challenge a slate of electors put forward by Pence based on if they are lawful under section 6 of the Electoral Count Act. They do not certify anything.
Pence in fact does have full authority to choose one set of electors over another, or neither, if one or both do not follow section 5 of the Electoral Vote Act. The House and Senate can only choose if they are both put forward.
Constitutionally Pence has the power to discern which envelopes he can open on the House floor, and which he does not. The authority of counting is vague enough for it to be arguably his power alone.
Pence has no such power. Nowhere in the 12th amendment states that he can disregard any state's electors.
The wording of the law is to count, and count he must.
If the votes are there, he should count them.
Note that the constitution says "shall" in describing the actions of the VP in the 12th amendment. This wording indicates that the function is ministerial. He must count.
I'm all for DJT winning this election, but we should not buy in to misinformation, or we'll just be disappointed.
https://thedonald.win/p/11RO7YUqN7/hey-you-fucking-idiots-read-penc/c/
This is correct. Ppl don’t understand fully how it works. Pence doesn’t have authority to choose one set of electors over another... the House & Senate have that power on the 6th. Until that day, the state legislatures have the power to decertify or change their certifications.
The only power the House and Senate has is to challenge a slate of electors put forward by Pence based on if they are lawful under section 6 of the Electoral Count Act. They do not certify anything.
Pence in fact does have full authority to choose one set of electors over another, or neither, if one or both do not follow section 5 of the Electoral Vote Act. The House and Senate can only choose if they are both put forward.
Constitutionally Pence has the power to discern which envelopes he can open on the House floor, and which he does not. The authority of counting is vague enough for it to be arguably his power alone.
Pence has no such power. Nowhere in the 12th amendment states that he can disregard any state's electors.
The wording of the law is to count, and count he must. If the votes are there, he should count them.
Note that the constitution says "shall" in describing the actions of the VP in the 12th amendment. This wording indicates that the function is ministerial. He must count.
I'm all for DJT winning this election, but we should not buy in to misinformation, or we'll just be disappointed.