Vice President Mike Pence reportedly told President Trump that he doesn’t believe he has the power to reject state slates of electors in a joint session of Congress on Wednesday, all but ensuring Pence won’t try to stop certification of the electoral college.
Some have pointed to Pence in his capacity as President of the Senate, arguing that the VP has the power to reject slates of electors under the 12th Amendment. Pence is said to have rejected the legal argument in a discussion with the President, recognizing that slates of electors from contested states are legally valid. However, Pence did state that he will “continue to study” legal arguments maintaining the Vice President has powers under the 12th Amendment to reject slates of electors.
President Donald Trump had suggested Pence could object to slates of electors in contested states, potentially placing the imperative on state legislatures in Arizona, Pennsylvania, Georgia and Wisconsin to nominate pro-Trump slates of electors.