Thread by @willchamberlain

So this #PenceCard nonsense looks like it was started by @Raiklin with this tweet

The argument seems to be that Pence could have decided that electors from certain states were "impermissible" because he "is the sole plenary power" to determine that

https://twitter.com/Raiklin/status/1341520753984942081?s=20

Further, the argument goes, that under his authority to demand that states send him a list of electors if they have failed to do so, Pence could reject the list of electors as "impermissible" and demand that they send him a correct list

The only statutory authority cited by Raiklin is 3 USC 12

All it does is give Pence the authority to demand a state send him a certificate of electoral votes if they have not done so

Nowhere in the statute does it say that Pence has the authority to determine whether the electors are "permissible"

Or how to determine whether the electors are permissible

Raiklin's argument that Pence does have that authority is based on the fact that Pence is on the NSC

What does that mean?

1) Pence has no authority to reject a slate of electors
2) Pence's determination that electors are impermissible would have no legal effect
3) States could simply ignore any request by Pence for a certificate of votes (since they already furnished one)

Think about it this way

Let's say Pence did what Raiklin suggests, and sent a letter to the relevant states demanding they furnish him with a certificate of electoral votes

And the states replied "we already did that, see the certificate we sent you."

What happens then?

Answer: the exact same thing that would happen now

Congress meets on January 6th to tally the electoral votes

Members of Congress will have the opportunity to object

That's all

There never was a #PenceCard