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Pence’s message, delivered during a weekly lunch with the president, was heard immediately after Trump stepped up public pressure to oppose the vice president when Congress called a joint session Wednesday to confirm Biden’s victory. This victory has already been confirmed by the Electoral College.
“The vice president has the power to dismiss an election that ended fraudulently,” Trump wrote on Twitter Tuesday morning. This inaccurate statement misrepresents the fundamentally formal role of Pence’s presidency of the House of Representatives and the Senate, when they receive and approve the votes cast by the states and announce the final result.
Pence does not have the unilateral power to change the election results that states send to Congress.
On Tuesday, some Republican senators, including Tim Scott of South Carolina and James M. Inhofe of the state of Oklahoma, said they were challenging the approval of any state as a “breach of oath.”
Pence will preside over state voting on Wednesday. This process is likely to take many hours. If at least one senator and one member of the House of Representatives object to the state’s results, the discussion of those results can last up to two hours. Each chamber then votes individually to approve the results for a particular state.
For the election results to be overturned, this must be approved by both the Senate and the House of Representatives. Since the House of Representatives is controlled by Democrats, there is no real chance that the results of any state will be rejected. Also, the majority of Senate Republicans are likely to join all Democrats and not oppose the results.
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