General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf the Dems win the Presidency in 2028 wil JD Vance certify the election?
I can't really imagine him doing that.
Callie1979
(1,209 posts)It's quite possible the GOP loses the Senate.
Hassin Bin Sober
(27,414 posts)From Article 2:
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate 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 shall be the President,
aeromanKC
(3,847 posts)His VP replacement won't be much better, but just think MAGAGOP will not be the same without the mango Mussolini.
Jack Valentino
(4,579 posts)or will he 'meet with an accident' ?
MiHale
(12,723 posts)And the midterms go as we fantasize in November (both houses)
hell really have no choice.
But it will be fun if the above scenario comes to fruition.
jonstl08
(546 posts)Trump probably will not survive this term so will Vance's replacement certify it. Probably not.
chowder66
(11,963 posts)Makes it absolutely clear that the Vice Presidents role in the electoral vote-counting process is ministerial. [Section 109]
The 12th Amendment provides that, after they vote as part of the Electoral College, presidential electors must send certificates of their electoral votes to the president of the Senate (usually the vice president). But with respect to the vice presidents role during the counting process, the 12th Amendment says only that [t]he President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The original ECA designated the President of the Senate as the presiding officer when Congress meets on January 6. The statute assigned the presiding officer specific duties, such as preserving order, calling for objections, and announcing the results.
Contrary to arguments made during the last election, neither the 12th Amendment nor the ECA contemplated a role for the vice president or any other presiding officer that involves making substantive decisions about which electoral votes to count. That said, the law could have been explicit in order to foreclose any argument that the vice president has the power to decide the election.
Accordingly, the ECRA specifies that the vice presidents role in the process of counting electoral votes is limited to ministerial duties and that he or she has no power to solely determine, accept, reject, or otherwise adjudicate or resolve disputes over the proper list of electors, the validity of electors, or the votes of electors.
https://protectdemocracy.org/work/understanding-the-electoral-count-reform-act-of-2022/
sarisataka
(22,343 posts)The Vice President's certification is symbolic. One single person does not have the power to overturn the entire election.
usonian
(23,965 posts)Vice President Erika Kirk Vance may or may not.
Kaleva
(40,272 posts)Fiendish Thingy
(22,377 posts)The joint session of congress does.
After January 6, congress passed, and Biden signed, the Electoral Count Reform Act.
Among other things, it defined the VPs role as purely ceremonial/parliamentary, with no authority.
It also raised the threshold to sustain an objection to a states slate of electors.
Vance will preside over the tally, congress will vote to certify the winner, and the clerk will enter the result in the record.