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To: Sacajaweau
He had no such authority. And his job was to read them into the record...nothing more.

Untrue. In spite of the "Pence was just there to read the vote totals" defense, Pence had both a Constitutional and legal responsibility to insure the accuracy and legality of the votes before entering them into the Congressional record.

First, Pence broke with the Electors Clause of the Constitution by ignoring state legislators who formerly requested a 10 day review of the elector count for legality and accuracy. The Constitution gives the states supremacy over the certification of electors, and if they have questions, the President of the Senate has no authority to ignore them or overrule them.

Next, Pence broke with his legal requirement under "3 U.S. Code § 15 - Counting Electoral Votes in Congress" which requires: "Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received."

Pence threw out "3 U.S. Code § 15 - Counting Electoral Votes in Congress" when Congress returned after the "insurrection". His authority for this action is unknown....and McConnell agreeing with him is not, IMHO, enough to break the law.

92 posted on 01/31/2022 11:06:05 AM PST by Right_in_Virginia ( )
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To: Right_in_Virginia

Counting electoral votes is not the same as counting the ‘popular’ vote though. The electors were all ratified and sent by all the states. He could only challenge those. The states would just send other Biden voting ones even if he was able to dismiss any.


93 posted on 01/31/2022 11:08:17 AM PST by Houserino
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To: Right_in_Virginia

https://ballotpedia.org/Counting_of_electoral_votes_(January_6-7,_2021)


95 posted on 01/31/2022 11:11:56 AM PST by Sacajaweau ( )
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To: Right_in_Virginia
First, Pence broke with the Electors Clause of the Constitution by ignoring state legislators who formerly requested a 10 day review of the elector count for legality and accuracy. The Constitution gives the states supremacy over the certification of electors, and if they have questions, the President of the Senate has no authority to ignore them or overrule them.

In none of those cases was it the legislature itself which requested the hold, just a minority of members acting on their own outside the authority if the legislature. They have no more power to request such a delay as you or I do.

Next, Pence broke with his legal requirement under "3 U.S. Code § 15 - Counting Electoral Votes in Congress" which requires: "Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received."

Incorrect. There were two objections filed; one for the Arizona vote prior to the rioting and Pennsylvania after Congress resumed their meeting. Pence asked for objections to every state, as the law required, but objections to the electoral votes of Georgia, Michigan and Nevada were not sustained because only House members and no senator joined the objection.

103 posted on 01/31/2022 11:31:39 AM PST by DoodleDawg
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