Vice President Mike Pence will preside over the certification of the Electoral College vote on January 6th of 2021.
By Greg Holt
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(TCP News) Mike Pence in fulfilling his role as President of the Senate will preside over the contentious certification of the Electoral College vote. This is done as decreed by the Framers of the U.S. Constitution.
The vice president’s other constitutionally mandated duty is to receive from the states the tally of electoral ballots cast for president and vice president and to open the certificates “in the Presence of the Senate and House of Representatives,” so that the total votes can be counted (Article II, section 1).
It is during this largely (except this time) procedural issue on January 6th that a challenge to the votes of the elector(s) can be mounted. One member of the House, and one member of the Senate must challenge the electoral vote (Electoral Count Act).
Now we come to the interesting part of this story: Rep. Louie Gohmert is suing Vice President Mike Pence in a bid to overturn the 2020 election results.
Yes you DID read that correctly.
From The Washington Times:
A group of Republicans led by Rep. Louie Gohmert on Monday sued Vice President Mike Pence in an unusual gambit aimed at overturning President-elect Joseph R. Biden’s election victory.
The lawsuit claims Mr. Pence has the “exclusive authority” to decide which electors should be counted when Congress meets on Jan. 6 to finalize the results of last month’s presidential election.
In other words, Gohmert’s opinion is that Pence has the authority to single-handedly decide the validity or lack thereof of each set of elector’s votes. So if Pence decides the votes that were cast by electors in Wisconsin, Michigan, Pennsylvania, and Georgia are for whatever reason not fit to be counted, then the resulting action could be the House of Representatives casting their vote for president – or possibly through the affected state’s legislatures appointing new electors (which has already been done – see below and here). Either way, a new Electoral College vote count would would give Trump the win.
From The Hill:
Miller indicated that Trump supporters will act as “alternates” in a handful of contested states, including Georgia, Wisconsin and Pennsylvania, to submit their own, unofficial results. Should the Trump campaign succeed in overturning the outcome in any of those states, Miller said, the alternate electors could then be recognized by Congress.
I personally do not believe Pence has this power. The challenge to the electoral vote count is real and valid per the Constitution. The issue must however be decided by both houses of Congress, not the Vice President.
When an objection, properly made in writing and endorsed by at least one Senator and one Representative, is received, each house is to meet and consider it separately.
The joint session does not act on any objections that are made. Instead, the joint session is suspended, the Senate withdraws from the House chamber, and each house meets separately to debate the objection and vote whether, based on the objection, to count the vote or votes in question. Both houses must vote separately to agree to the objection by simple majority. Otherwise, the objection fails and the vote or votes are counted.
Interestingly enough, I came across an article that references what is called “The Guarantee Clause,” on The Last Refuge (Conservative Treehouse).
“The Guarantee Clause” – “At its core, the Guarantee Clause provides for majority rule. A republican government is one in which the people govern through elections. This is the constant refrain of the Federalist Papers. Alexander Hamilton, for example, put it this way in The Federalist No. 57: “The elective mode of obtaining rulers is the characteristic policy of republican government.” [citation] “The Clause requires the United States to prevent any state from imposing rule by monarchy, dictatorship, aristocracy, or permanent military rule, even through majority vote. Instead, governing by electoral processes is constitutionally required.”
While I believe that Trump won and that the election was stolen via Biden, the Deep State, and the Democrats – the election being overturned must be done with all of the evidence being properly presented, and the procedures used must be those purposed by the Constitution. Anything less and the challengers are no better than Biden and his cronies.
It is also imperative that We the People can see the overwhelming amount of evidence so that no one can dispute that Biden cheated to win the election. There absolutely must be fair and free elections in this country – period.
About the author: Greg is a strong believer in Jesus Christ and is also a political analyst, author, and is the Editor-in-Chief for the National War Council. By day he is a self-employed non-emergency medical transport driver, as well as being an author and blogger. His articles are first published on TCP News and Inspirational Christian Blogs, and from there the articles are widely published on many well-known conservative websites. If you would like to republish his articles, please feel free to do so leaving all links intact and crediting the author and the website that the article appeared on. Greg is the author of the newly released book: Spiritual Darkness is Destroying America and the Church. Subscribe to my daily newsletter, and join hundreds of daily readers and receive news and relevant commentary. Don’t forget to follow TCP News on Parler, USA Life, Gab, Facebook, and Twitter