To be clear he cannot toss votes based on his judgement. There will be an objection, then a debate where evidence is presented then a vote. IF both houses agree on the objection then the electoral votes are cast out. IF they don't agree then the original count stands. This is going to require house dems to jump ship to swing the majority and NO RINOs in the Senate.
There's going to be a lot of pissed off and disappointed people who think and are counting on Pence can walk in and just throw votes out because he thinks there was fraud on 1/6. We ALL know there was fraud. The only thing that is going to flip this is for the state legislatures that are in question to take back their power and decertify their vote.
How do you figure that pence does not have the constitutional power count the electors in the manner that he sees fit?
Despite the conflict in the electoral counts act
And the 12th amendment, BOTH acknowledge pence’s power to count electoral votes.
The 12th amendment has explicit instructions indicating the manner in which votes should be counted and the manner in which competing or disputed electors should be addressed.
Unless I am missing something, I don’t see why pence could not disregard the conflicting (and prima facia unconstitutional) provisions in the electoral count act and follow the 12th amendment. This would eliminate the need for senators to object and send it straight to the house ( by state delegation, not individual state representative ) if pence felt the need to punt.
To be clear he cannot toss votes based on his judgement. There will be an objection, then a debate where evidence is presented then a vote. IF both houses agree on the objection then the electoral votes are cast out. IF they don't agree then the original count stands. This is going to require house dems to jump ship to swing the majority and NO RINOs in the Senate.
There's going to be a lot of pissed off and disappointed people who think and are counting on Pence can walk in and just throw votes out because he thinks there was fraud on 1/6. We ALL know there was fraud. The only thing that is going to flip this is for the state legislatures that are in question to take back their power and decertify their vote.
How do you figure that pence does not have the constitutional power count the electors in the manner that he sees fit? Despite the conflict in the electoral counts act And the 12th amendment, BOTH acknowledge pence’s power to count electoral votes.
The 12th amendment has explicit instructions indicating the manner in which votes should be counted and the manner in which competing or disputed electors should be addressed.
Unless I am missing something, I don’t see why pence could not disregard the conflicting (and prima facia unconstitutional) provisions in the electoral count act and follow the 12th amendment. This would eliminate the need for senators to object and send it straight to the house ( by state delegation, not individual state representative ) if pence felt the need to punt.