Rubio is carelessly framing the issue. All the RINOs do that.
Pence was asked by over 100 state legislators to wait so that the legislatures of those states could use their plenary constitutional powers to determine if those slates of electors were valid.
And that might go down as one of the dumbest public actions any political figure other than AOC has taken in my lifetime.
Election Day in 2020 was on November 3rd. The electoral votes from every state were certified around December 15th. The joint session of Congress where the electoral votes were counted was held on January 6th of 2021. If a state legislature couldn’t determine by that time whether its electoral votes were even valid, then it never would.
And if the dopes who sent that request to Pence couldn’t even convince a single state legislature to support them in their quest to determine if their state’s electors were valid, then why the hell would Pence even bother listening to them?
And keep in mind that in many (if not all) of the states in question, the legislatures ended their 2020 sessions between Election Day and January 6th anyway.