Law prohibits Pence from accepting electoral votes from fraudulently certified states – Constitutional lawyer – Dateway

Citing the United States Constitution and the United States Code, constitutional lawyer Ivan Raiklin says it is Vice President Mike Pence’s duty to instruct states to send their electoral college certificates immediately if they do not. not been received.

USC 12 explains that “Where no voting certificate and list referred to in Sections 9 and 11 of this title from a state has been received by the President of the Senate or the Archivist of the United States on fourth Wednesday of December, after the assembly of electors will have taken place, the President of the Senate[…]will ask, by the quickest possible channel, the Secretary of State of the State to transmit the certificate… ”

Beyond allegations and evidence of widespread fraud presented by both President Donald Trump’s legal team and independent lawyers and witnesses across the United States, several states have now sent competing lists of delegates to Washington, DC.

If the election turns out to be a fraud, and the voters are used to help the fraud and Vice President Pence does nothing to challenge the fraud, then it will be to Pence’s expense when the truth is revealed .

Additionally, Republicans in Pennsylvania and Arizona have called on the US not to accept votes assigned by the state secretary of state, suggesting they represent fraudulent election .

If Pence takes this step, then he is tasked by law to require those states to immediately send accurate Electoral College certificates by January 6.

Raiklin told the National File that Pence would essentially force states to reclaim their constitutional power to nominate constituency votes.

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“It forces the hand of state legislatures,” Raiklin said. “Pence can force legislatures to reclaim their constitutional power, hold a session and nominate Electoral College votes themselves, because the Supreme Court has not addressed this issue.”

According to Raiklin, the Constitution would allow these states to be completely from the Electoral College if Pence refused to accept them, and the number of Electoral College votes required to win would drop significantly by 270. President Trump would win by simple majority. of the electoral college votes, 232-227, without any risk of triggering a contingent election.

While many legal scholars have indicated that there is ambiguity over how electoral votes are accepted, the media have argued that Biden’s electoral victory was achieved on December 14 and will be on January 20. However, Raiklin tells National File he’s prepared to defend his analysis.

“I challenge any lawyer anywhere to verify this. If you have a different legal analysis, prove it. “

If Republicans push for a contingent election, President Trump’s victory would again rest on Pence to vote for the tie-breaker after the House and Senate are deadlocked over whether the field states Arizona, Georgia, Nevada, Michigan and Wisconsin battlefields should be from the total. If none of the candidates reached 270 votes, a contingent election would almost certainly see President Trump re-elected by a vote cast by individual states, not by representatives, in the House, and Vice President Pence re-elected to the Senate.

President Trump and his Republican allies in the House of Representatives and potentially the Senate are preparing for an electoral college contest on January 6 that could well lead to a contingent election. According to Raiklin, this would spare the country from this almost completely unknown territory.

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