Posted on 12/22/2020 2:50:23 PM PST by rxsid
Pence is counting the votes tallied by the Electoral College. Those are the only ones, by law, he can count.
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And again, the question here is about conflicting votes.
Example: EC voter ABC from GA first voted for biden, but has since voted for Trump. The new vote was transmitted to the feds by Jan 4.
Assuming the congress doesn't have a majority of votes to toss the contested vote....which ONE does Pence count?
Republican electors going on the steps this month and voting for Trump meant nothing
Can I take that to the bank? I mean, you seem soooooo knowledgeable.
Pence does not have the power to unilaterally discard certified votes sent by one or more states.
Someone posted the US law on this yesterday and it was crystal clear on what the process is.
ONLY the House AND Senate, if they both agree (which will obviously never, ever happen), after written objection of at least 1 Senator and 1 Congressman, can “overturn” a slate of certified electors for a state and choose an alternate slate of electors.
Repeat: Pence does NOT have the power to discard votes or “choose” alternate electors, UNLESS there are two different sets of electors CERTIFIED by a particular state. And to date, we have precisely zero of those - and will likely still have zero of those on 1/6.
That’s not giving up or being a downer - that’s simply reality.
Every MAGA deplorable supporter of Trump would vote for him in a heartbeat.
They can send a dozen set of electors if they want. According to law, and absent a successful challenge, only those electors submitted by the Electoral College will be counted.
I pray that Pence does everything within his Constitutional powers to deny BiteMe’s Electors from the five or six contested states.
Should he seize this moment on January 6th, Pence will go down in history as the patriotic man who took action to literally save our Republic from certain demise!!!
Let me go out further on a limb..there will be NO State Legislature that will agree to send a competing set of electors.
This is all for show as someone just pointed out.
I think it would be valid to say that if the Supreme Court, or rather justices on the Court, had already ruled that states should not accept ballots after election day, that could be sufficient grounds for rejecting states that violated that order. Additionally, in some states the executive or judicial branches circumvented the state legislatures illegally. That also should be sufficient grounds. In this case, the Vice President would adjudicate and effectively say, “The buck stops here.” If all other checks and balances have failed thus far to do their intended job, this is one more check to fall back on.
Yes take it to the bank. And we will see if you apologize to me..so far I have been spot on.
Compare when Lincoln was reelected in 1864, any electoral votes of the Confederate States were ignored.
"As the Civil War was still raging, no electoral votes were counted from any of the eleven southern states that had joined the Confederate States of America." —1864 United States presidential election.
Also, before patriots go to DC for January 6 protest, please consider participating in the following. It's a White House petition to help keep Trump in Oval Office.
I believe Pence has enough backbone.
No. The state (R) legislatures can still send a different slate of electors to the feds by Jan 4th. They have the authority, they just need to the will and the only way they find that will is if their constituents hound them until they do the right thing. We're seeing some growing movement along these lines.
Once the votes get to the Senate, does any court have “standing” to intervene?
Here’s another theory. What if President Trump invokes the Insurrection act specifically regarding the illegal election fraud from those contested states.
At that point in time, constitutionally, the president has the authority to order the House and Senate to disregard all illegal EC votes from contested states.
Free Republic has been aggressively infiltrated with democrat / socialist / communist trolls.
Just sayin’.
Fortunately,the states aren’t counting votes. Pence is.
What we need to be careful of is whether this turns into a reason to scuttle the electoral process and amend the constitution to a directly elected POTUS which means every POTUS from here on out will be elected by NYC, LA, Chicago, Detroit, ATL... diversity protected by the electoral college will crushed.
Yes
And none of them will do that unless the courts invalidate the election first. So far they haven't been willing to do that.
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The courts have no role in that. People need to stop thinking the only remedy are the courts.
The state legislatures have the authority.
Jan 4 Is Statutory Deadline For Electoral College Meeting – NOT Dec 14
I’m no Constitutional scholar, but it seems to me that have have Checks and Balances.
Executive Branch
Legislative Branch
Judicial Branch
States
They each have a sphere in which they have power. But no piece has dictatorial power and each piece can be blocked by another piece.
The VP is part of the Executive Branch and also President of the Senatorial piece of the Legislative Branch. He is not a puppet. On the contrary, he is a substantial figure within the government under certain circumstances.
The States are certifying fraudulent votes. I certainly think it is appropriate for the President of the Senate to raise a hand and say, “I do not accept these votes”.
I think it is a serious miscalculation for anyone to say “He can’t do that. He has to accept them.” No. Pence has the power to Check. He provides the function of balance.
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