Reply To: VP Pence Sued – By Republicans!

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#1934208
ubiquitin
Participant

ujm

““open all the certificates”.”

Correct

“Regarding whether the Senate president can be required to present or not present any particular paper submitted as a states electoral college vote, concurrent action by both houses would settle the matter while disagreement between the houses would see the Senate president’s decision upheld.”

Interesting source regarding the requirement to PResent (year wasnt even close….)

Still doesn’t really help your case. Even if required to read any purported ballots (which would require Both houses to concur or one plus himself according to the source you cite)
He STILL does not get the power to choose which to accept.

His job is solely to open them and read them . He does not have the power to object or choose one over another

If he did have this magic power 1. SOMEBODY would’ve used it by now 2. It would be mentioned n the excellent article you cite someplace over the course of its 131 pages it would mention that BTW the Vice President has sole discretion in choosing whcih electors he likes. ITs not there because he doesn’t have this power

In fact it says the opposite (pg 634 ) “The ECA’s procedural provisions have two purposes. … The second is to drain away as much power as possible from he Senate President, whom the ECA appoints to preside at the joint session when Congress counts the votes”

In other words the VP (President of the senate ) has essentially NO power over the determination