Pence doesn’t just have the power, there is literal precedent that he may pick when he is presented with 2 slates of competing electors, and a constitutional obligation to count only lawful electors.
That does not mean pence is the only route. Congress may object to electors, force the 2 hour debate per state, and should they fail to reach majority agreement as to a course, trigger the contingent election clause in the constitution, without pence doing a thing
Where is the procedure for written house and senate objection located in the constitution?
“The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.”
Doesn’t the 2 hour debate (post written senate and house objection) originate in the electoral count act?
Has it ever been challenged prior to Gohmert?
That he moved to dismiss the gohmert suit.
What ppl don’t realize is that the basis for his motion to dismiss was, in essence “I had that power already”
No way really?
The suit was to give Pence power to unilaterally discard electors, does he really already have that power?
Then it's set in stone that it all depends on Pence.
Pence doesn’t just have the power, there is literal precedent that he may pick when he is presented with 2 slates of competing electors, and a constitutional obligation to count only lawful electors.
That does not mean pence is the only route. Congress may object to electors, force the 2 hour debate per state, and should they fail to reach majority agreement as to a course, trigger the contingent election clause in the constitution, without pence doing a thing
Where is the procedure for written house and senate objection located in the constitution?
“The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.”
Doesn’t the 2 hour debate (post written senate and house objection) originate in the electoral count act? Has it ever been challenged prior to Gohmert?