Where is that procedure located in the constitution?
The 12th amendment gives exactly zero power of the members of the senate to object to anything. The written objection from rep and senators AND the two hour debate language is found in the electoral count act.
The 12th amendment gives the dispute resolution power to house of reps by state delegation where the president of senate cannot count a majority for any party.
Those are two conflicting procedures. Why would the simple majority-passed piece of legislation (electoral count act ) dictate the procedure rather than the constitution?
Under the Twelfth Amendment, the Vice President opens the electoral certificates in his capacity as President of the Senate. However, the Act constrains the Vice President's role in the count.[2][6] Both houses can overrule the Vice President's decision to include or exclude votes and, under the Act, even if the chambers disagree, the governor's certification, not the Vice President, breaks the tie. On many occasions, the Vice President has had the duty of finalizing his party's — or his own — defeat. Richard Nixon, Dan Quayle, Al Gore and Joe Biden all notably presided over counts that handed them, or their party, a loss.[11][12]
Nixon graciously made a ruling allowing late-filed votes against him,[13] while Gore rejected many challenges to the disputed votes from Florida, [14] and in 1968, Hubert Humphrey recused himself from the count.[1
Where is that procedure located in the constitution?
The 12th amendment gives exactly zero power of the members of the senate to object to anything. The written objection from rep and senators AND the two hour debate language is found in the electoral count act. The 12th amendment gives the dispute resolution power to house of reps by state delegation where the president of senate cannot count a majority for any party.
Those are two conflicting procedures. Why would the simple majority-passed piece of legislation (electoral count act ) dictate the procedure rather than the constitution?
Under the Twelfth Amendment, the Vice President opens the electoral certificates in his capacity as President of the Senate. However, the Act constrains the Vice President's role in the count.[2][6] Both houses can overrule the Vice President's decision to include or exclude votes and, under the Act, even if the chambers disagree, the governor's certification, not the Vice President, breaks the tie. On many occasions, the Vice President has had the duty of finalizing his party's — or his own — defeat. Richard Nixon, Dan Quayle, Al Gore and Joe Biden all notably presided over counts that handed them, or their party, a loss.[11][12]
Nixon graciously made a ruling allowing late-filed votes against him,[13] while Gore rejected many challenges to the disputed votes from Florida, [14] and in 1968, Hubert Humphrey recused himself from the count.[1
Yes all of that is correct. My question is why would pence follow the act and not the constitution?
The constitution only guides him to count the votes. It doesn't say anything about how to handle the objections. That's where the Act comes into play.
Here. Judge Jeanine explains. --> HERE