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Some of President Trump’s allies hope they can find a way to “get around the law” to get Pence to reverse the election results in order to give Trump a chance.
Senator Louie Gohmert sued in federal court to try to repeal an electoral law enacted in the 1880s to regulate Pence’s role in the results validation process. According to legal experts, the court is highly unlikely to accept this case. Pence will almost certainly have to declare Biden the winner, although President Trump will not admit defeat.
What will happen on January 6?
Under United States electoral law, states will send their total number of electoral votes to Congress for recount and confirmation. This will be the final confirmation of Biden’s victory and the rest will be to prepare for the inauguration. The process is largely procedural because electoral law requires Congress to treat each certified state’s count results before the 12/8 deadline as final.
Still, there is a mechanism that allows legislators to question election results. The Electoral College Law of the Electoral College has its own regulations, which guide the National Assembly on how to handle in case there is a dispute over the results of elections in a given state. Under the law, when a member of each house of Congress challenges the result, the House and Senate will debate and consider. Only when the House and Senate agree, the results of the vote can be rejected. However, the electoral college vote has not been canceled by the National Assembly since the 19th century.
More than 10 Republicans in the House of Representatives plan to challenge the election results in states that Trump lost. If they persuade a member of the Senate to join the effort, they will achieve their goal of delaying confirmation of Biden’s victory at the National Assembly meeting. However, analysts say this effort is likely to fail even if the House and Senate conduct a review and vote.
The role of Vice President Mike Pence
As president of the Senate, Pence will have to preside over the plenary session of Congress to confirm Biden’s victory. Analysts say Pence’s role is more symbolic than decisive. Mr. Pence will have to open the envelopes presented by each state and announce how many electoral votes are available for each candidate.
Adav Noti, chief of staff at the Campaign Legal Center, a nonpartisan organization, said Pence didn’t even have to count the votes because attendees would take over the work on his behalf. They will inform you of the number of electoral votes of the candidates in each state and you only need to report. At the end of this process, Pence will announce the final number: 306 electoral votes for Biden and 232 votes for Trump.
Mr. Pence’s options for challenging the voting results
Meredith McGehee, executive director of Issue One, a Washington-based political reform research group, says Pence has some powers. “As president of the meeting, he has the main power which is the right to recognize.”
Mr. Pence has the right to recognize or not to recognize legislators and electoral votes. If you do not recognize official electoral votes, this will be considered illegal and your role will be immediately rejected by the majority of the members of the National Assembly.
But there are still some possibilities. When voters met in December to vote, some Republicans in the Trump states lost in the Nov. 3 election, they cast the electoral vote for Trump in these states. Mr. Pence could dismiss the results of the vote count reported to him by the secretaries of Congress and acknowledge the votes of the alternate electors, but this would violate the Electoral College Vote Counting Act. That is why some Republicans have filed a lawsuit with the Supreme Court demanding the nullity of the law.
If the aforementioned scenario occurs, Pence’s actions will certainly face fierce opposition from Democrats in Congress and possibly Republican leaders in the Senate. According to Meredith McGehee, if Mr. Pence really wants to do that, he has the ability to put the Democrats on the defensive to show that the elections go against the Republican accusations.
Like it or not, the event on January 6, 2021 will put Pence in the position of openly choosing his side: not supporting Trump and his allies or supporting them and showing his intention to reverse the results. . In the event that Mr. Pence refuses to chair the meeting to confirm the election results, the acting president of the Senate will stand out to handle the job. This replacement will take place for the first time since 1969 when then-Vice President Hubert Humphrey refused to preside over the validation process because he lost the presidential election to Richard Nixon’s electoral association. ./.
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