The controversial electoral votes in the U.S. election will be certified by Congress on Jan. 6, but constitutional lawyer Ivan Raiklin has said that Vice President Mike Pence’s right to require states to send in nominations for members of the Electoral College that truly reflect the will of the people could help Trump win.
Citing the U.S. Constitution and the U.S. Code, Raiklin’s attorney said the vice president has a duty to instruct states to send their Electoral College voting certificates promptly if they have not yet received them, according to the National File, a conservative news site, Dec. 20.
According to Section 12 of the U.S. Code, if the President of the Senate or the Archivist of the United States has not received the certificates and lists of votes referred to in Sections 9 and 11 of the Constitution by the fourth Wednesday in December after the meeting of the electors, the President of the Senate shall request the Secretary of State to send the certificates by the fastest method available.
Currently, seven states have sent different lists of Electoral College members to Congress, in addition to the numerous allegations and evidence of widespread fraud filed by President Trump’s legal team and independent counsel and witnesses across the United States.
In addition, Republicans in Pennsylvania and Arizona have asked the U.S. Congress not to accept the electoral votes assigned by the state’s secretary of state because they represent fraudulent election results.
Reichlin said that if Pence acts, he can require those states to send accurate Electoral College voting certificates immediately by Jan. 6, as required by law.
Essentially, Pence could force the state legislatures to reaffirm their constitutional right to meet and appoint the electoral college votes themselves, Reichlin told National File. Because the Supreme Court did not resolve the issue, it forced the state legislatures to reach out, and Pence could forcefully restore the legislatures’ constitutional authority to take back their mandate to appoint the Electoral College.
Reichlin argues that if Pence refuses to accept the electoral college in these states, the Constitution would allow the electoral votes in these states to be struck, and the number of electoral votes needed to win would be drastically reduced from 270. Trump would win with a simple majority of 232:227 votes without having to trigger a voting change (contingent election) in which 1 state and 1 vote determine the outcome of the election.
While many legal scholars have said the law is ambiguous about how electoral votes are accepted, the media insists that Biden’s election victory was determined on Dec. 14. Reichlin said he stands by his legal analysis.
Trump and House Republicans have been preparing for congressional certification on Jan. 6, and one elected Republican senator has now made it clear he will challenge the electoral votes at the certification. There are at least five other Republican senators who are open to the idea. Trump has a high probability of winning the final victory through a power shift election.
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