Will Trump play the #PenceCard December 23 (today)?
Thread: Absolutely not. The assertion that he will hurts our credibility and the cause because people who trust some accounts pushing it will be demoralized when it doesn’t happen. Let me explain:
2/ For this thread again, we will assume the Electoral Count Act of 1887 is Constitutional and binding. It very well may not be, but it doesn’t appear we have any court that will ever say so.
3/ The ECA is found in 3 USC 1-21. In secs 12 & 13, it requires that on the 4th Wed of Dec (that’s today) the President of the Senate (that’s Pence) to notify the states if he/she (or the Archivist) has not received a “certificate of vote and list” mentioned in sections 9 & 11.
4/ Sections 9 & 10 are merely administrative. Sec9 says that electors from the state make & sign six certificates of the votes w/ a lists for Pres & VP & attach a list of electors. Sec10 requires the electors to seal up the certificates & certify that the list of votes are inside
5/ The Pence Card is the idea that today, the VP can review & decide that the dem electors sent by AZ/NV/GA/PA/MI/WI don't meet the reqs of the ECA and/or the Const so, in effect, the VP hasn't received proper electors from the states & has a duty to notify them of that fact.