Pence to decide race? Law profs say VP allowed to ‘count’ electoral votes

Vice President Mike Pence and President Donald J. Trump on Election Night 2020

An analysis by two prominent law professors published before the election concluded that if Electoral College votes remain in dispute after they are counted in Congress, the vice president, as presiding officer of the joint session, could choose not to allow certain disputed votes.

The scenario isn’t entirely remote, with lawsuits challenging the results in six states and the possibility the U.S. Supreme Court could weigh in.

John Yoo of California-Berkeley and Robert J. Delahunty of St. Thomas University wrote in an analysis published Oct. 19 by the Claremont Institute that Vice President Mike Pence can refuse to count some of the votes if they remain disputed.



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