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.
\u201cThomas Jefferson, author of the Declaration of Independence, the man whose face adorns Mt Rushmore, [...] only became President because he used his unilateral power as President of the Senate to open and count the presidential ballots in his own favor.\u201dhttps://t.co/k7l160VIsu
— Ron (@CodeMonkeyZ) December 29, 2020
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.