U.S. Vice President Mike Pence speaks at a church in Rock Springs, Georgia, on Jan. 4, 2021, to canvass for the 2 Republican Senate candidates running in the re-run election.
President Donald Trump (R-Texas) tweeted Tuesday (Jan. 5) that Vice President Mike Pence has the authority to reject fraudulently elected electoral votes, echoing a statement by his legal team ahead of a joint session of Congress on Jan. 6.
“The Vice President has the authority to reject fraudulently elected electors,” Trump tweeted Tuesday.
Pence will oversee the certification of the Electoral College vote as Senate president on the 6th.
Pressure is now mounting on Pence from Republicans, with at least thirteen Republican senators and dozens of House members pledging to challenge the electoral votes of designated states, meaning an hours-long debate will be triggered, culminating in a simple majority vote to decide whether to discard the electoral votes.
I know we all have our doubts about this election,” Pence told supporters in Georgia on Monday (4). I assure you that I share the concerns of millions of Americans about voting irregularities. I assure you that come Wednesday (6), we will have our moment in Congress.”
Hours after Pence spoke, Trump, who rushed to Georgia to canvass for two Republican senators for re-election, said publicly, “I want Pence to stand up for us, and I have to tell you that.”
“I want our great vice president, to stand up for us. He’s a great guy.” Trump said, “Of course, I wouldn’t like him as much if he didn’t stand up for himself.”
Does the vice president have the power to override electoral votes?
There have been questions out there about what powers the vice president actually has, as legal experts have differing opinions. Some believe that the vice president serves primarily in a ceremonial capacity.
But the Trump team and Trump supporters believe that Pence has the power to reject fraudulently elected electoral votes in a joint session of Congress on the 6th.
Rep. Louie Gohmert (R-Texas) and other Republicans earlier filed a lawsuit against Vice President Pence seeking to repeal a key provision of the 1887 Election Count Act that authorizes the vice president to overturn election results. That lawsuit was dismissed by a Texas court on Saturday (2).
Gohmert told former White House strategist Bannon’s War Room program Tuesday that Pence has the authority to strike down electoral votes in disputed states.
White House counsel Peter Navarro also previously asserted that Pence could delay the joint session of Congress process pending the results of a 10-day election audit.
But Marc Short, a spokesman for Pence’s office, refuted that claim. He told the Wall Street Journal on Tuesday (5) that Navarro “is not a constitutional scholar”.
Since the Nov. 3 election, Trump and his team have said they have found voter fraud, irregularities and unconstitutional changes to laws related to mail-in voting in key states. on Dec. 14, Republican-backed electors also voted for Trump and Pence in the Electoral College vote to keep Trump’s legal challenge alive.
Arizona and Pennsylvania will have challenges
The joint session of Congress begins at 1 p.m. Wednesday (6). Usually, the vice president opens the certificates of electoral votes sent by the states and hands them to the “tellers,” two people appointed by both houses of Congress to read and verify the ballots. The tellers then read the ballots in alphabetical order, beginning with Alabama.
Challenges to a state’s electoral vote count need to be submitted in writing and must be filed by at least one senator and one House member.
On Monday, Rep. Mo Brooks (R-Ariz.), who is leading the challenge effort in the House, announced that he had signed an electoral vote document opposing Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.
As of deadline, the senator has announced challenges to Arizona and Pennsylvania.
Inconsistent voices within the Republican Party “We don’t want Pence to be there”
In addition, inconsistent voices within the Republican Party. Senior Senator Chuck Grassley (R-IA) told Roll Call on Tuesday that he will chair the joint meeting on the 6th.
“We don’t want (Pence) him to be there,” he said.
His statement sent shockwaves through Washington. A White House official quickly stated to the public that Grassley’s comments were inaccurate.
A spokesman for Grassley, 87, also quickly clarified that Grassley was saying that he would preside over any Senate debates and votes on challenges to the Electoral College results if Pence needed a break during the hours-long session.
Grassley was asked during a press conference call how he planned to vote Wednesday during the Electoral College vote count, according to a transcript provided to the public by Grassley’s office.
“First of all, I will – if the vice president is not there, and we don’t expect him to be there, I will preside over the Senate. Obviously, (I will) listen to the debate, but not say anything.” His office’s records show.
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