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Could Pence reject contested electors under 12th Amendment? Law professors say yes
https://justthenews.com ^ | Updated: December 8, 2020 - 8:40am | By Carrie Sheffield

Posted on 12/08/2020 9:09:03 AM PST by Red Badger

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1 posted on 12/08/2020 9:09:03 AM PST by Red Badger
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To: Red Badger

Do we really expect Pence to have a spine? Really? Remember who picked him! Trump has never been able to pick a winner. Not really his fault I suppose since the republican ranks are flooded with worthless self service traitors.


2 posted on 12/08/2020 9:13:00 AM PST by TonyM (Score Event)
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To: Red Badger
There is a mechanism for challenging Electoral votes, but it isn't left to the discretion of the Vice President. A Senator and a Representative must jointly object to an Electoral vote from a particular state, then the House and the Senate convene separately to debate and vote on the objection.

Only if both bodies agree do the Electoral votes then get tossed out. If either body rejects the objection, the Electoral votes stand.


3 posted on 12/08/2020 9:16:01 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Red Badger

PA has filed its response

https://lawandcrime.com/2020-election/pa-election-lawyers-urge-justice-alito-to-reject-one-of-the-most-dramatic-disruptive-cases-of-all-time/


4 posted on 12/08/2020 9:19:37 AM PST by RummyChick (I blame Kushner.)
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To: TonyM

That’s a very slippery slope which rats would use against us in the next election if Biden were to prevail.


5 posted on 12/08/2020 9:20:38 AM PST by sanjuanbob
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To: TonyM

Pence would take the nuclear option only if he never plans to run for public office again. He would be reviled even more then Trump. As a devoted Christian he may feel that he has do it to protect life and freedom of religion. That is the only way I see him taking that action.


6 posted on 12/08/2020 9:23:36 AM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me)
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To: Red Badger

Maybe Pence should count the way the states count. Run them thru a reconfigured Dominion tabulator. No matter what you put in Trump is the winner.


7 posted on 12/08/2020 9:24:19 AM PST by joshua c (President Elect joshua_c. Hey if Joe can do it.)
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To: Yo-Yo

The mechanism is there to contest Pence’s judgment about which ballots to open. He still gets to decide which ones he opens.


8 posted on 12/08/2020 9:24:53 AM PST by mongrel
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To: Yo-Yo

“Only if both bodies agree do the Electoral votes then get tossed out. If either body rejects the objection, the Electoral votes stand.”

That is really encouraging, so if a state submits two sets of electors and VP Pence has to count all electors then that state’s electors would cancel out, leaving 0 zero electors for that state.


9 posted on 12/08/2020 9:32:46 AM PST by Colo9250 (Republicans need hero's now not whiners.)
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To: Red Badger

at this stage, I don’t even think Pence will do anything


10 posted on 12/08/2020 9:33:11 AM PST by ConservativeDude
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To: mongrel
The mechanism is there to contest Pence’s judgment about which ballots to open. He still gets to decide which ones he opens.

No, it is not there.

I, for one, refuse to wipe my ass with the Constitution even if it means getting Trump back in the White House for four more years.

I took an oath to Protect and Defend the Constitution of the United States against all enemies, foreign and domestic.

Twelfth Amendment:

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;

11 posted on 12/08/2020 9:34:17 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Red Badger

“The idea that the Framers wanted a Vice President with a direct interest in the outcome of an election to decide unilaterally its outcome is ludicrous on its face,”

Not to the followers of the mythical Q.


12 posted on 12/08/2020 9:34:46 AM PST by Mariner (War Criminal #18)
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To: Red Badger

When Pence is in front of Congress to count, he should start with the obvious states: Texas, CA, FL, MA...

Then, he announces to congress he is stopping the count, everybody should go home, and come back in the morning. After which, Pence continues the counting.

After Congress has it’s breakfast the next morning, and re-convenes, they continue from where they left off:

Biden 4, Trump 157,000.


13 posted on 12/08/2020 9:36:22 AM PST by C210N
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To: Yo-Yo

Okay. All the certificates. Who determines which certificates are the value ones? The courts? The secretary of state in the state in question? Or the legislature of the state?

If the courts say one thing and the legislature another, how does Pence work that out? Constitutionally?


14 posted on 12/08/2020 9:45:00 AM PST by mongrel
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To: C210N

And, he should put the whole collection of Electoral votes in a suitcase and keep it under his chair until everyone leaves.


15 posted on 12/08/2020 9:47:42 AM PST by Cletus.D.Yokel (If there be WAR in the offing, let it begin HERE. With ME.)
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To: C210N

An EXCELLENT idea!!! The rats hoisted on their own petard. And when they complain and screech, just tell them that it seemed to be OK when they did it on the evening of Nov 3rd/4th.


16 posted on 12/08/2020 9:51:20 AM PST by curious7
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To: mongrel
If the courts say one thing and the legislature another, how does Pence work that out? Constitutionally?

3 U.S. Code § 15 - Counting electoral votes in Congress

...and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted.

17 posted on 12/08/2020 9:55:46 AM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Red Badger

How ‘bout this: Pence kicks all the democrats out of the chamber and counts the votes in secret. Then, when the vote is tallied he can express his surprise that Trump won after all. It’s a Christmas miracle I tell ‘ya.


18 posted on 12/08/2020 10:20:30 AM PST by Grim (Michael Moore is a big fat pig.)
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To: Grim
How ‘bout this: Pence kicks all the democrats out of the chamber and counts the votes in secret

LMAO, that was classic. Sometimes good humor is the only way you can release the pressure of a tense situation. I’m sure some haughty types may not find it funny though. LMAO again.

19 posted on 12/08/2020 10:30:14 AM PST by Golden Eagle (********** MERRY CHRISTMAS ***********)
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To: Grim
Pence kicks all the democrats out of the chamber and counts the votes in secret. Then, when the vote is tallied he can express his surprise that Trump won after all. It’s a Christmas miracle I tell ‘ya.

LOL, sounds like Standard operating procedure for 2020.

20 posted on 12/08/2020 10:32:50 AM PST by 1Old Pro ( )
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