News Mike Pence has no authority to refuse to ratify Biden's Electoral College victory on Jan. 6

Miles

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Trump 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 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.
“Bottom line: There is no secret legal maneuver left to stop a Biden presidency. Pence & [Mitch] McConnell understand these rules & are in an awkward political position of their own sad making. Any drama before or on Jan 6 will be merely a pathetic show of Trump loyalty/cowardice,” Shugerman concluded.
Likewise, former Senate historian Donald Ritchie recently told the New York Times that there was simply “not much” Pence could do to help Trump’s efforts.

“His job is really just to read [the votes] out loud,” Ritchie said.

 

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