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Republican electors in four states said on Dec. 14 that they would cast their procedural votes for President Trump and Vice President Pence. Republican electors in Pennsylvania, Georgia, Nevada, Arizona all said they voted for Trump. It comes as their states formally appointed Democratic electors who voted for Joe Biden and Kamala Harris. In Michigan, two separate slates of electors were cast: 16 for Trump and 16 for Biden.

“Sending more than one slate of electors is not unheard of. It’s our duty to the people of Michigan and to the U.S. Constitution to send another slate of electors if the election is in controversy or dispute—and clearly it is,” said Meshawn Maddock, Michigan Republican national elector.

The Electoral College votes are cast on Dec. 14 and counted on Jan. 6 during a Joint Session of Congress.
State Legislatures have the Constitutional authority to appoint their own slate of Electors, loyal to President Trump, if they deem their state’s popular vote is corrupted. The State GOP Legislature of Georgia, for example, concluded that the popular vote has been corrupted and appointed a “competing slate” of electors loyal to President Trump.

On January 6th, the 12th Amendment to the Constitution specifies that the President of the Senate shall open all the certificates and the votes shall then be counted. In the case of disputes about competing electoral slates, the President of the Senate, Vice President Pence, has the ultimate authority to decide which to accept and which to reject.

The House and Senate GOP (McCarthy & McConnell) will argue under the language of the 12th amendment. The President of the Senate, the Vice President, has the sole discretion to either accept or dismiss disputed electors. Republicans will point to the historical pedigree of the Vice President’s position.
Given the language of the 12th Amendment, within Pence's powers, he could either accept the competing slates of electors submitted, or dismiss them as disputed, and not have them counted. A reduced total delivers Trump a victory because it deprives Biden of 270.

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