If the Senate is tied 49 to 49 wouldn't Pence cast the tie-breaking vote as President of the Senate?
But in this situation he is NOT the presiding officer in the Senate. He is the presiding officer of the Joint Session, and does NOT go into session with the Senate.
That’s why I keep saying the senate has to be 51.
BTW, though, just a thought on the House “vote by delegation” clause:
Given that so far NO Republican majority legislature (not a single one) has overturned a state Biteme certification, I am not even sure that in the event of a House vote-by-delegation that Trump would win all the R majority delegations. People act like just because they say R next to their names, the legislators are reliable. What evidence so far do we have of that?
The hearings have been off site, meaning that in MI and AZ where hearings were held, they couldn’t even get the majority to hold formal hearings while they were in session.