Authors Michaelmorley11

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1/ This piece argues based on a precedent set by Thomas Jefferson in 1800 that VP Pence should present & count only the alternate unofficial slates of electoral votes from states like PA when Congress meets in joint session to count electoral votes on Jan. 6. The argument fails.


2/ Jefferson, as VP, presided over the joint session where electoral votes from the Election of 1800 were counted. Georgia's votes suffered from several technical procedural defects that were facially apparent.

3/ As presiding officer, Jefferson had the contestable votes counted w/o giving members of Congress a chance to object. This is allegedly a precedent for allowing Pence to unilaterally count whatever slates of electoral votes he wants. But the analogy fails for many reasons.

4/ For more details of the underlying facts, see an article specifically on this incident by David Fontana & Bruce Ackerman, "Thomas Jefferson Counts Himself into the Presidency,"

5/ First, the Jefferson precedent occurred decades before Congress enacted the Electoral Count Act ("ECA"), which regulates the process of counting electoral votes - including many aspects of the VP's role. Congress has limited the VP's discretion since the election of 1800.