Does Mike Pence Have the Power to Reject Electors in the Electoral College?

Recently, there has been much speculation and confusion regarding the role and power of Vice President Mike Pence in the Electoral College process. This article aims to clarify the misconception and provide a clear understanding based on the United States Constitution.

The Role of Mike Pence in the Electoral College

Mike Pence, as the current Vice President of the United States, plays a crucial role in the Electoral College process. However, his role is strictly ceremonial and limited. According to the United States Constitution, Pence is charged with a specific responsibility: he must open and announce the Electoral College votes. This is in the presence of the Senate and the House of Representatives.

Constitutional Language and Role

The relevant section of the Constitution states: The President of the Senate [Pence] shall in the presence of the Senate and House of Representatives open all the certificates and the votes shall then be counted. The person having the greatest Number of votes for President shall be the President if such number be a majority of the whole number of Electors appointed.

Key terms here are shall and open. The term shall conveys that Pence must perform this task, and open specifies that he is to physically open the envelopes containing the electors' votes. There is no provision for Pence to reject electors or choose an alternate set for any given state.

Where the Misunderstanding Comes From

The myth persists due to a misunderstanding or intentional misinformation. In Trump’s alternate reality, there is a notion that Pence has a hidden power to reject or choose electors. However, this belief is baseless and contradicts both the Constitution and historical practice.

Historical Precedent

In over 230 years, no Vice President or President has ever used this supposed power. The last time a challenge to the electoral votes was successfully addressed was in 1876. Back then, Congress reviewed and deliberated on the contesting votes, and ultimately decided the outcome.

Congress's Role

While Pence presides over the process, it is Congress, as a whole, that has the authority to reject electoral votes. If a challenge is made, both the Senate and the House of Representatives will deliberate and vote on the dispute. Only if both chambers agree can the vote be rejected. This process is extremely rare and has only been used once in U.S. history.

Conclusion

In summary, Mike Pence does not have the power to reject electors or choose alternate sets for any given state. His role is limited to opening and announcing the votes. Any claims to the contrary are grounded in a misunderstanding of the constitutional process.

As we move forward, it is crucial to rely on accurate information and the clear provisions laid out in the Constitution for all aspects of the Electoral College process.