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Law Prohibits Pence From Accepting Electoral Votes From Fraudulently Certified States – Constitutional Lawyer
National File ^

Posted on 12/20/2020 3:23:53 PM PST by MNDude

Citing the United States Constitution and U.S. Code, Constitutional Lawyer Ivan Raiklin says it is Vice President Mike Pence’s duty to instruct states to expeditiously send their Electoral College Certificates immediately if they have not been received. U.S.C. 12 explains that “When no certificate of vote and list mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate … shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate…”

Beyond the allegations and evidence of widespread fraud presented by both President Donald Trump’s legal team and independent lawyers and witnesses across the United States, several states have now sent competing slates of delegates to Washington, D.C.

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


TOPICS: News/Current Events
KEYWORDS: anothercrapblog; electoral; fraud; news; pence
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To: Secret Agent Man
read the first paragraph of the article

I did. I have no doubt that all the certified votes cast in the Electoral College have either arrived at the Senate and/or the Archivist by now. How does that give Pence any power to reject any of these votes?

41 posted on 12/20/2020 4:28:31 PM PST by DoodleDawg
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To: chopperk
how can the electoral college vote for states with corrupt vote counts and everybody knows it

It accepts the slate of electors certified by the state authorities as outlined by state law. Easy peasy.

42 posted on 12/20/2020 4:31:51 PM PST by DoodleDawg
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To: All

POINTS TO PONDER

The states worked together to elect Biden...... that’s the reason no state authorities want to order an actual audit b/c even one state’s finagling could expose the rest.

There is clearly some very real coordination between top state election officials and SoS’s, and their counterparts in other states.


43 posted on 12/20/2020 4:34:24 PM PST by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
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To: BigEdLB

Absolutely!!! The governor of NM is blatantly corrupt. Some of her cabinet secretaries are really even trying to hide stealing money from the state. MLG show little more than distain for the citizens of the state. Very little doubt the SoS did all she could to make sure the state votes were counted for Biden regardless of the actual vote.


44 posted on 12/20/2020 4:34:25 PM PST by JWNM
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To: chopperk
College must vote for President Trump

They voted already.

45 posted on 12/20/2020 4:36:49 PM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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To: MNDude

There is no authority vested in the Office of the VP to do this, people keep reading things that simply do not exist.

On Jan 6th, 1 Rep + 1 Senator can challenge an individual elector or a slate of them from a state. It rest with Congress to change the results of the election.

There are 222 D’s, 211 R’s, 2 still undecided. The only avenue for success is to find a half-dozen more Jeff VanDrew’s and flip them.


46 posted on 12/20/2020 4:38:32 PM PST by mquinn (Obama's supporters: a deliberate drowning of consciousness by means of rhythmic noise)
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To: DoodleDawg
Can someone quote the law or the clause in the Constitution that gives Pence this authority?

Why don't you show US all the Law or the clause in the Constitution to commands VP Pence to count known fraudulent EC Votes. I'll save you some time, he has NO duty to do so.

47 posted on 12/20/2020 4:40:04 PM PST by BlackbirdSST (If your home doesn't reek of Hoppe's, you ain't paying attention.)
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To: Secret Agent Man

Pence is directed to count votes legal per State Law.
Team Biden has failed to prove the votes are legal.

I suspect Congressmen and Senators supporting illegal Electoral votes are in for a world of hurt.


48 posted on 12/20/2020 4:43:24 PM PST by Steven Tyler (President Elect Steven Tyler)
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To: Mr. N. Wolfe
Pence is a company man.

And he isn't ready to become the Most Hated Man in America by doing something out of the ordinary.

Men with guns - and who they choose to back - will decide who the next President is. Thus has it always been...

49 posted on 12/20/2020 4:44:09 PM PST by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: Liz

“The states worked together to elect Biden.”

With the apparent help of many Republicans. I to this day do not understand why no one in the Trump campaign, prior to the election, ordered intel to be collected on how the Democrats were going to commit election fraud even though PDJT himself said many, many times that fraud was going to happen.

I cannot believe that the Democrats could be so smart as to hide such a major operation unless those high up in the Trump campaign or inner circle made no effort at all to uncover it. Either by purpose or because of sheer incompetence. If on purpose, we have traitors amongst us.


50 posted on 12/20/2020 4:45:21 PM PST by Armscor38
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To: erkelly

I hope he runs in 2024. But it won’t matter if we don’t win this one.


51 posted on 12/20/2020 4:46:08 PM PST by philippa
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To: BlackbirdSST
Why don't you show US all the Law or the clause in the Constitution to commands VP Pence to count known fraudulent EC Votes. I'll save you some time, he has NO duty to do so.

Can you point to the law or clause in the Constitution that gives Pence the authority to decide what votes are known fraudulent and what votes are not?

52 posted on 12/20/2020 4:46:35 PM PST by DoodleDawg
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To: ConservativeDude

Bkmk


53 posted on 12/20/2020 4:50:13 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: DoodleDawg
Can you point to the law or clause in the Constitution that gives Pence the authority to decide what votes are known fraudulent and what votes are not?

He has NO duty to count fraudulent EC Votes. He refuses to do so. What is the mechanism to force him to do so? Ball is in your court sport!

54 posted on 12/20/2020 4:53:30 PM PST by BlackbirdSST (If your home doesn't reek of Hoppe's, you ain't paying attention.)
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To: Mr. N. Wolfe

He may or may not be a company man, but he is a religious man first and foremost, without a doubt. I think his religious beliefs trump his company man status, if in fact he is as you claim.


55 posted on 12/20/2020 4:53:34 PM PST by Robert DeLong
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To: BlackbirdSST
He has NO duty to count fraudulent EC Votes. He refuses to do so.

Not his choice.

What is the mechanism to force him to do so? Ball is in your court sport!

All Pence and the Congress are doing is counting the votes sent from the Electoral College. Pence's only job is to open the submissions from each state. The only way to not count any state's slate of electors is to challenge the votes and have both the House and the Senate uphold the challenge. And the only way Pence would have a say in that is to break a tie. It's all here in black and white.

56 posted on 12/20/2020 5:08:07 PM PST by DoodleDawg
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To: Steven Tyler

Pence is required to count the certified electoral college votes. The state legislatures have certified and sent them in. It does not matter one bit if there was fraud. The elections in each state were CERTIFIED by the states. Pence cannot refuse to accept or count the electoral college votes.


57 posted on 12/20/2020 5:08:41 PM PST by Calvin Cooledge
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To: MtnClimber

And if they do, we ought to be able to use them as target practice...with a bounty !


58 posted on 12/20/2020 5:29:52 PM PST by Senormechanico
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To: Calvin Cooledge

Thanks, I am not a lawyer
Here is what I read.
Votes due this Wednesday
https://www.law.cornell.edu/uscode/text/3/12

From what I read, only lawful votes are counted. Plenty of unlawful activity not proven as lawful by Team Biden

https://www.law.cornell.edu/uscode/text/3/15

but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified.
If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown ..........;

but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, ..., is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law;

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,

yadda yadda yadda, Pence only counts votes from lawful electors.

Let’s see what happens!


59 posted on 12/20/2020 5:30:53 PM PST by Steven Tyler (President Elect Steven Tyler)
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To: Drew68

So true. I have been incredibly disappointed by how many freepers are falling for all this tin foil hat conspiracy nonsense. I’m sure after Biden is inaugurated some here will claim that it didn’t happen and Trump is still president.


60 posted on 12/20/2020 5:36:40 PM PST by OIFVeteran
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