Trump campaign legal adviser Jenna Ellis on Monday suggested that Vice President Mike Pence could delay the certification of the Electoral College votes and ask the legislatures in six states where the results of the election have been contested which slate of electors should be selected.
Georgia, Pennsylvania, Michigan, Wisconsin, Arizona, and Nevada, are six key battle ground states where President Donald Trump’s campaign and other Republicans have contested the results of the presidential election, alleging that election fraud and irregularities took place on a large scale that swung the results to Biden.
Ellis suggested on the Just the News program “The Water Cooler with David Brody” that Pence could ask the respective state legislatures of the six contested states which of the two slates of electors was in accordance with state law.
“And that’s a fair question. That’s not exercising discretion. That’s not setting up any sort of bad precedent,” she added. “That’s actually returning the authority to the constitutionally protected entity and just simply directing that question I think would then require a response from these very committed, to put it lightly, state legislators that haven’t been willing to act, and it would in fact then give a very clean outcome to this election.”
Article II, Section 1.2 of the U.S. Constitution says, “The Constitution provides that each state is to decide, for itself, how its electors will be chosen.”
“I know we all got our doubts about the last election. … I promise you, come this Wednesday, we’ll have our day in Congress. We’ll hear the objections. We’ll hear the evidence, but tomorrow is Georgia’s day,” he told a crowd in Georgia while campaigning for Sen. Kelly Loeffler (R-Ga.) and David Perdue ahead of the state’s Senate runoffs on Tuesday.
Objections during the joint session must be made in writing by at least one House member and one senator to sustain a challenge. If the objection for any state meets this requirement, the joint session pauses and each house withdraws to its own chamber to debate the question for a maximum of two hours. The House and the Senate then vote separately to accept or reject the objection, which requires a majority vote from both chambers.
If both Trump and Biden receive less than 270 electoral votes on Jan. 6, then a contingent election is triggered in which each state’s delegation in the U.S. House of Representatives casts one en bloc vote to determine the president, while the vice president is decided by a vote in the U.S. Senate.