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In reply to the discussion: 'You'll go down as a wimp:' Pence's never-before-published notes key evidence in case against Trump, book says [View all]BumRushDaShow
(162,516 posts)7. "refuse to certify the next presidential election"
        The "law" (if laws matter anymore) was changed to explicitly state that the VP has no role outside of "ceremonial" with respect to certifying the Electoral Count.
From here - https://protectdemocracy.org/work/understanding-the-electoral-count-reform-act-of-2022/
(snip)
Makes it absolutely clear that the Vice Presidents role in the electoral vote-counting process is ministerial. [Section 109]
The 12th Amendment provides that, after they vote as part of the Electoral College, presidential electors must send certificates of their electoral votes to the president of the Senate (usually the vice president). But with respect to the vice presidents role during the counting process, the 12th Amendment says only that [t]he President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The original ECA designated the President of the Senate as the presiding officer when Congress meets on January 6. The statute assigned the presiding officer specific duties, such as preserving order, calling for objections, and announcing the results.
Contrary to arguments made during the last election, neither the 12th Amendment nor the ECA contemplated a role for the vice president  or any other presiding officer  that involves making substantive decisions about which electoral votes to count. That said, the law could have been explicit in order to foreclose any argument that the vice president has the power to decide the election.
Accordingly, the ECRA specifies that the vice presidents role in the process of counting electoral votes is limited to ministerial duties and that he or she has no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors.
(snip)
Makes it absolutely clear that the Vice Presidents role in the electoral vote-counting process is ministerial. [Section 109]
The 12th Amendment provides that, after they vote as part of the Electoral College, presidential electors must send certificates of their electoral votes to the president of the Senate (usually the vice president). But with respect to the vice presidents role during the counting process, the 12th Amendment says only that [t]he President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The original ECA designated the President of the Senate as the presiding officer when Congress meets on January 6. The statute assigned the presiding officer specific duties, such as preserving order, calling for objections, and announcing the results.
Contrary to arguments made during the last election, neither the 12th Amendment nor the ECA contemplated a role for the vice president  or any other presiding officer  that involves making substantive decisions about which electoral votes to count. That said, the law could have been explicit in order to foreclose any argument that the vice president has the power to decide the election.
Accordingly, the ECRA specifies that the vice presidents role in the process of counting electoral votes is limited to ministerial duties and that he or she has no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors.
(snip)
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                        'You'll go down as a wimp:' Pence's never-before-published notes key evidence in case against Trump, book says [View all]
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