Trump’s campaign legal team attorney Jenna Ellis said Monday that Vice President Mike Pence could delay the Electoral College vote certification that is scheduled for Jan. 6. That way, she added, he could consult legislatures in six states where election results have been questioned about which voter list is legitimate.
In an interview on Just the News’ “The Water Cooler,” Ellis said Pence could ask the respective state legislatures in Georgia, Pennsylvania, Michigan, Wisconsin, Arizona, and Nevada which of the two voter lists—the Republican or the Democrat—agrees with state law.
“[Pence] can ask that question to the states and say, ‘Well, legislators, you know, I have an oath to the Constitution to uphold the Constitution as written in Article II Section 1.2, which says the state legislatures direct the manner in which electoral delegates are selected. So you tell me which of these two slates was selected in the manner that your general assembly has designated,'” Ellis said in a dialogue with David Brody.
“And that’s a fair question. That’s not exercising discretion. That’s not setting up any sort of bad precedent,” Ellis added.
In those six key states, the campaign of President Donald Trump and other Republicans have challenged the results of the presidential election, alleging large-scale election fraud and irregularities that favored Democratic candidate Joe Biden.
“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,” Ellis said.
JUST IN: @POTUS Lawyer @JennaEllisEsq suggests an option for @VP on January 6th: ask and require state legislatures to do their job. Watch her interview with @DavidBrodyCBN on #TheWaterCooler @realDonaldTrump #JustTheNews @RealAmVoice pic.twitter.com/Eyu6rDq1gs
— Just the News (@JustTheNews) January 4, 2021
The governors of these six disputed states had electors who cast their electoral votes for Biden. But on Dec. 14, Republican voters in these six states and New Mexico issued alternative Electoral College voting lists for Trump, creating a “grieving voter” scenario.
Article II, Section 1.2 of the U.S. Constitution, states: “The Constitution provides that each state is to decide, for itself, how its electors will be chosen.”
On Jan. 6, the House of Representatives’ joint session and the Senate will be held, with Vice President Pence presiding. At this session, the Electoral College vote will determine the next President of the United States.
Therefore, all eyes are on what Pence will do regarding these six states in dispute (plus New Mexico).
Protestors are approaching Washington D.C. and on Wednesday will show their support for Trump’s reelection and demand that the vast allegations of election irregularities and fraud be taken into account.
“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,” Pence said in Georgia on Jan. 4 while campaigning for Sen. Kelly Loeffler (R-Ga.) and David Perdue before the state Senate runoff on Tuesday.
On Jan. 2, Pence’s chief of staff, Marc Short, said the vice president “welcomes the efforts of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence before the Congress and the American people on Jan. 6.”
He said that Pence “shares the concerns of millions of Americans about voter fraud and irregularities in the last election.”
If the objection is supported by at least one Representative and one Senator, the joint session will be adjourned, and each house will debate for up to two hours whether to accept the objection. To be accepted, it must be supported by a majority vote in both chambers.
Suppose both Trump and Biden receive fewer than 270 electoral votes. In that case, a contingent election is triggered in which each state’s delegation to the House of Representatives casts a block vote to determine the president. If it comes down to it, Trump will most likely be chosen since the Republican Party runs 30 of the 50 states.