The question of whether Vice President Mike Pence could read the GOP electors into the record is an open question of law.
December 21, 2020
Trump 2020 adviser Boris Epshteyn said during an interview on Monday that Vice President Mike Pence may reject those slate of electors he finds fraudulent during a joint session of Congress on January 6.
Boris was responding to a question about how President Trump can still prevail.
“So when the time comes on January 6…” the Vice President can count the “correct electors…the electors based on the most legal votes,” Epshteyn said on Steve Bannon’s “War Room” podcast. “Let not forget that a week ago today, the Trump electors were sent to Congress…along with the Biden electors,” he continued. Epshteyn later said the Trump team is prepared to fight well past January 6 if Congress cannot certify a winner.
During the Joint Session of Congress on January 6, Vice President Mike Pence will be tasked with reading each states’ electors into the official record.
Some legal scholars have argued that where there are disputes over electors, the vice president has the legal authority to read into the record only that slate of electors which he believes is correct.
On the other hand, different legal scholars say the vice president has no such power and may only read the slate of electors transmitted to the Congress by state officials.
Which one of these positions is correct? We don’t have a definitive answer.
The question of whether Vice President Mike Pence could read the GOP electors into the record is an open question of law. The US Supreme Court has never been forced to resolve the question. But President Trump may force the issue in 2021, if Vice President Pence rejects some of Joe Biden’s electors.