Wednesday, January 06, 2021

Pence: Constitution ‘Constrains Me’ From Rejecting Electoral Votes




Vice President Mike Pence speaks during a White House Coronavirus Task Force press briefing in the James S. Brady Briefing Room of the White House on Nov. 19, 2020. (Brendan Smialowski/AFP via Getty Images)HIDE


BY ZACHARY STIEBER
January 6, 2021 Updated: January 6, 2021


Vice President Mike Pence on Wednesday said that he doesn’t believe he has the “unilateral authority” to decide between competing slates of electors.

“It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not,” Pence said in a statement released just before a joint session of Congress began.

As president of the Senate, Pence is presiding over the session. The purpose of the session is to count electoral votes.

Under the Electoral College system, voters choose electors. Those electors then vote, almost always for the candidate that received the most ballots in their state. Congress meets in the January after an election to tally the votes.

Typically a rote affair, this session has taken on heightened significance after seven states sent two certificates to Washington, one for Democratic presidential nominee Joe Biden and one for President Donald Trump. Biden won the states but Trump has said he was cheated.

Trump and some Republicans argue that Pence has the “exclusive authority” to reject electoral votes for Biden and choose the ones for Trump. A lawsuit asking a court to support that view was rejected by a district judge. An appeal was dismissed, though the plaintiffs earlier Wednesday asked the Supreme Court to intervene.



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