The Electoral College Objection is covered by the Electoral Count Act of 1887. They would have to overturn that law because the vote situation fits. "“Objections to individual state returns must be made in writing by at least one Member each of the Senate and House of Representatives. If an objection meets these requirements, the joint session recesses and the two houses separate and debate the question in their respective chambers for a maximum of two hours,” the CRS said. “The two houses then vote separately to accept or reject the objection. They then reassemble in joint session, and announce the results of their respective votes. An objection to a state’s electoral vote must be approved by both houses in order for any contested votes to be excluded.”
That interpretation applies to two scenarios in the 2020 election. The first is a situation where only one set of electoral votes is submitted by a state, and objections are raised on grounds that electoral votes were not “regularly given” by an elector, or that electors were not “lawfully certified” according to state laws, according the CRS." https://constitutioncenter.org/blog/explaining-how-congress-settles-electoral-college-disputes
Unfortunately for this narrative, in order for any objections to be sustained, they have to be approved by a majority of EACH house of Congress with each member getting one vote.
Since the Democrats will still control the House, there is ZERO chance that there will be a majority in the House to overturn the election and hand it to the Republican candidate.
The procedure where the House only gets one vote per state doesn’t come into play unless enough of the state electoral tallies are successfully objected to and neither candidate has the required 270 electoral votes.
So absolutely nothing will happen on January 6 to derail the Biden presidency, regardless of anything that Pence does or doesn’t do.
He has no authority to unilaterally declare not to accept the tallies of the state electors as presented.
All he can do is announce the results as delivered by the tellers and wait for one member of each house to file a written objection.
Its a purely ministerial act.
3 U.S.C. Section 15
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