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Pence to decide race? Law profs say VP allowed to 'count' electoral votes
WND ^ | 8 Dec 20 | Bob Unruh

Posted on 12/14/2020 6:05:00 PM PST by BlackFemaleArmyColonel

An analysis by two prominent law professors published before the election concluded that if Electoral College votes remain in dispute after they are counted in Congress, the vice president, as presiding officer of the joint session, could choose not to allow certain disputed votes.

The scenario isn't entirely remote, with lawsuits challenging the results in six states and the possibility the U.S. Supreme Court could weigh in.

John Yoo of California-Berkeley and Robert J. Delahunty of St. Thomas University wrote in an analysis published Oct. 19 by the Claremont Institute that Vice President Mike Pence can refuse to count some of the votes if they remain disputed.

The professors concluded that the "constitutional structure" favors President Trump if Election Day "fails to result in a clear winner."

They cited the "unprecedented" circumstance of the COVID-19 pandemic on the election and envisioned a scenario in which "Trump appears to be the winner on the morning after Election Day, but a 'blue wave' begins in the days and weeks after, and Biden claims a belated, overtime victory."

Just the News reported Norman J. Ornstein of the American Enterprise Institute called the professors' argument "ludicrous on its face."

Attorney Richard Roth of the New York-based Roth Law Firm told Just the News that while the essay "raises several very valid – and very controversial – issues, they all rest on one fact: the certification of election results."

The professors pointed to the Electoral Count Act of 1887, which establishes deadlines for the states to report their official results and for the 538 members of the Electoral College to meet.

(Excerpt) Read more at wnd.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: 1887; johnyoo; yoo
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To: BlackFemaleArmyColonel

I just read this on another forum. Most likely this could easily go to the House where Trump would win.

EXCLUSIVE: Six Swing States (PA, GA, MI, WI, AZ and NV) and New Mexico Pick Slate of Electoral Delegates for President Trump and Joe Biden – Here’s What It Means

https://www.thegatewaypundit.com/2020/12/exclusive-six-swing-states-pa-ga-mi-wi-az-nv-new-mexico-pick-slate-electoral-delegates-president-trump-joe-biden-means/


21 posted on 12/14/2020 6:17:37 PM PST by White Lives Matter
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To: entropy12

Not mine, it’s from TheDonald.win —

https://thedonald.win/p/11Qld8nOKf/straight-from-halfchan-trump-win/


22 posted on 12/14/2020 6:18:56 PM PST by 4Liberty (How does a kids car-donation nonprofit pay for so MANY radio ads if it's a charity?)
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To: BlackFemaleArmyColonel
I suspect something a bit more subtle.

Pence says the count is 260 for Biden, 235 for Trump. No one has a majority of undisputed votes. Therefore it goes to the House, where it is to be decided by 1 vote per state.

23 posted on 12/14/2020 6:20:02 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: Free Louie

If he has the nads to do if, He would easily get elected in 24. Provided we clean the fraud up.


24 posted on 12/14/2020 6:20:04 PM PST by SPDSHDW (Either its shooting time, or we take the long hard path, and force the GOP to Whig out. )
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To: BlackFemaleArmyColonel

My personal opinion would be that when it comes to a contested state, first read the GOP slate and then call for any objections (needs one Senator and one Rep) that is most likely to happen. Do the same for the Biden slate. Hopefully there will be at least 1 conservative Senator and one Representative so we get objections on both slates.

Go though all of the states. At the end tally only those that are not contested. No one should be able to reach the 270 requirement. Then declare that there is a contested election and Congress must now decide the Presidency in accordance with the Constitution.


25 posted on 12/14/2020 6:20:24 PM PST by taxcontrol (Stupid should hurt - Dad's wisdom)
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To: BlackFemaleArmyColonel

I think Pence would go Biden.

It’s just who he is.


26 posted on 12/14/2020 6:21:52 PM PST by Irenic
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To: BlackFemaleArmyColonel

If the communists can look right in our faces and count invalid ballots then we can count again and not count them.


27 posted on 12/14/2020 6:22:37 PM PST by CodeToad (Arm Up! They Have!)
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To: ObozoMustGo2012

Pence/Noem!


28 posted on 12/14/2020 6:23:56 PM PST by ARA
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To: marktwain

“Pence says the count is 260 for Biden, 235 for Trump. No one has a majority of undisputed votes. Therefore it goes to the House, where it is to be decided by 1 vote per state.”

I’d like that outcome too, and it is plausible.


29 posted on 12/14/2020 6:24:01 PM PST by CodeToad (Arm Up! They Have!)
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To: BlackFemaleArmyColonel

Fraud decided their race, at last resort Pence may have to correct that.

Eventually someone does the math, this statement found at;
https://thedonald.win/p/11R4SWiTbg/pennslyvania-saved-more-informat/
document/488015233/PA-Affadavit

‘Each report of votes from a precinct contains a “timestamp”.’

To simplify;

The method “Intended Loser to Total Ratio”

3 results in a precinct, a loser, a winner, and 3pCandidate.

loser is given an exact number, always a constant (KEY)

-then the precinct has a leftover set to assign

winner is given a minimum number,

3pCandidate = 0

the leftover set is split between;

winner is tabulated to beat loser,

3pCandidate gets some of the leftover

so: winner > loser > 3pCandidate

remember, Intended Loser to Total Ratio?

That is what they find in concurrent timestamps, the ratio is transferring.


30 posted on 12/14/2020 6:28:02 PM PST by Son House
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To: White Lives Matter

Here’s What It Means

Could it be the contested states let them vote because the
fraud plan is failing with the eclipse of evidence evolving,
-they better have an out for themselves.


31 posted on 12/14/2020 6:31:11 PM PST by Son House
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To: BlackFemaleArmyColonel

This is a misrepresentation of what happens.

The Veep as president of the senate does “count” the votes, but in plain view of the whole Senate and House. Each chamber has two “tellers” who read out the vote tallies aloud. Pence would then repeat or “count” these.

In no way does the veep decide anything. At the most-—and this happened in 1787 and in 1801, if there are discrepancies or “challenges” to the electors, he is at liberty to recognize the challengers or ignore them. In both cases, nothing occurred with the challenges.

It takes one senator and one Congressman to challenge. If a slate is challenged, the bodies each huddle. If they do not agree on a change, the slate goes forward as presented.

Now, do you think the Houses would agree on anything?

In 1787, Adams, a candidate, was reading the list of electors. There was a problem with Georgia’s, which were not written in the traditional style that all the electoral slates had been done. When Adams got to them, he stopped and allowed the Jeffersonians to object. Jefferson had ordered his people NOT to object, thinking the damage to the Republic would be too great. After a pause, Adams continued reading, with the result being he basically “elected himself.”


32 posted on 12/14/2020 6:35:02 PM PST by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix) )
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To: newfreep

My gut feeling is you are right.

But if the VP does not vote for Trump, he is also not voting for himself. His political career as a Republican is toast.

But if Trump is selected, he would have to make a major speech regarding all the fraud as his basis.

The left would go absolutely wild, bat shit crazy and start shooting and burning everything in sight.


33 posted on 12/14/2020 6:36:17 PM PST by redfreedom (Member of Agent Orange Health Club Since 1969)
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To: BlackFemaleArmyColonel

Again, from here on out we’re in largely ceremonial territory. Just as Gore presided over his own defeat and Biden over Hillary’s, don’t expect anything more from the VP.


34 posted on 12/14/2020 6:37:49 PM PST by mquinn (Obama's supporters: a deliberate drowning of consciousness by means of rhythmic noise)
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To: newfreep
50/50 if Pence will do what’s right.

It is more like 100%. But then you probably know that.

The President of the Senate simply presides over the proceedings and reads what is submitted to him. Hw will certainly not count a certificate if there is a properly filed objection. There is a detailed process by which any objection is handled by both chambers.

35 posted on 12/14/2020 6:39:31 PM PST by frog in a pot (The American voter should realize there is nothing democratic about the current Democrat Party.)
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To: BlackFemaleArmyColonel

I don’t know if Pence would do it.


36 posted on 12/14/2020 6:41:56 PM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: El Cid

I never understood the competition game of trying to beat someone else in posting. It’s like a pair of hawks sitting on a telephone pole looking for mice, and both swooping down to see who gets it first.

I actually witnessed that once for real. The hawk getting the mouse took flight and both hawks fought in mid air for the mouse. The mouse fell to the ground dead, both hawks went after it and fought on the ground.

I’m hoping you are not the sort to fight someone to the death over posting a comment. LOL


37 posted on 12/14/2020 6:42:59 PM PST by redfreedom (Member of Agent Orange Health Club Since 1969)
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To: ObozoMustGo2012

There will be time for them. The VP pick needs to be a good one. We need to keep MAGA/America First going


38 posted on 12/14/2020 6:44:56 PM PST by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: BlackFemaleArmyColonel

If the Constitution is not followed in regards to how the state legislators are supposed to be in charge of state elections, why should it be followed in regards to January 20th having any particular significance? If I were President Trump, I’d agree with the Supreme Court that the Constitution does not have to be followed and just stay in office.


39 posted on 12/14/2020 6:47:42 PM PST by Uncle Sham
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To: Golden Eagle

In reading that, it appears if the rats appeal, that appeal goes to the Supreme Court. Now there is a can of worms. Would they refuse to take the case to avoid being the ones deciding the election, or would they select Biden because China says that’s the right thing to do?


40 posted on 12/14/2020 6:48:49 PM PST by redfreedom (Member of Agent Orange Health Club Since 1969)
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