Pence Cannot Block Joe Biden'sCertification When the Senate Formally Counts Electoral Votes

[634-5789]

The Orange Ass Hat on Wednesday retweeted a theory from one of his supporters calling for Pence to reject the certificates of votes from Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, falsely claiming those states did not “receive a constitutionally permissible slate of electors.”

Unfortunately for LOSER Trump, legal experts say Pence has absolutely no authority, constitutional or otherwise, to prevent ratification of the electoral college votes. The Constitution states that Pence “shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.” The “shall” in the provision is an imperative command, unambiguously requiring the act be completed, making Pence’s role merely ceremonial.

“The 12th Amendment merely designates the President of the Senate (the VP) to ‘open all the certificates.’ But then uses the passive voice: ‘the votes shall then be counted.’ Implicitly, Congress does the counting,” Fordham law professor and legal historian Jed Shugerman clarified on Twitter.

https://lawandcrime.com/2020-election/mike-pence-cannot-block-the-certification-of-joe-bidens-victory-when-the-senate-formally-counts-electoral-college-votes-on-jan-6th/

[Locutusofborg]

1. When has what is constitutional

ever stopped Donald Trump and his lackeys?

[Thekaspervote]

2. Correct! And if pence doesn't want to tally the votes. The job falls to grassley

[cyndensco]

3. shhh...

It's much more fun thinking the LOSER thinks pence has the ability to overturn the election. I want his head to explode when his VP certifies President Joe Biden on the 6th.

[regnaD kciN]

4. I guess the big question...

...is what would happen if Pence simply refused to open the certificates from states Trump is disputing, and passed on the remainder of opened certificates to be tallied (which would give Trump a majority of votes recorded).

I don't think there's anything in the Constitution dealing with that scenario. I would think any court would order the V.P. to open them, because otherwise any V.P. could throw an election to the side he or she favored simply by selectively opening certificates, but the fact that there's no written provision dealing with that possibility is a bit concerning (if only because it shows how our election procedures are dependent on all parties acting with good will -- and we're clearly now seeing that this is something we can't count upon).

(It also leads to another interesting scenario: say Trump resigns on January 5th and Pence pardons him. There would be no Vice President in office to open the certificates. What then?)

[StarfishSaver]

7. Pence doesn't open the certificates.

He simply announces the results - and even that is merely a formality.

If there is no vice president, Grassley would preside.

We can what if this until the end of time. But the bottom line is the votes are going to be announced in the joint session of Congress on January 6 and Biden will be sworn in as president at noon on January 20.

[Frasier Balzov]

5. Pence is a lawyer.

That ought to constrain him.

Though it doesn't seem to be constraining Lin Wood and Sidney Powell.

[missingfink]

6. Grassley

I have read that the honor would go to Grassley.

[DeminPennswoods]

9. Grassley is President Pro Tem(pore) of the Senate

as the most senior Republican (majority) senator.

[onenote]

8. If all DUers read this report, there would be less confusion about the electoral college vote

In particular, Pence doesn't count the votes. He doesn't even read the vote totals sent by each state. All he does, as provided by statute, is open the envelopes. The contents are then handed to the "Tellers" appointed by the House and Senate. The Tellers read aloud the votes on each certification presented to them. When all of the states' votes have been read by the Tellers, the Tellers then record and count them. The VP then announces the result as tabulated by the Tellers.

By the way, it wouldn't be unprecedented for Pence not to participate. Hubert Humphrey refused to serve as the presiding officer for the electoral vote count in 1969, with the President Pro Tem, Senator Richard Russell, performing that task.

https://fas.org/sgp/crs/misc/RL32717.pdf