Pence doesn’t have to play a card. In fact, he can put the cards in his pocket or throw them out the window. He doesn’t have to choose Trump’s electoral votes. He doesn’t have to choose Biden’s. Let me explain why this is the easiest option for him on the 6th. A thread -

If Pence opens and counts only the dem electoral votes, there must be an objection… blah blah.

If Pence opens and counts only the repub electoral votes, there must be an objection (and there would likely be an appeal to SCOTUS and there will be major fallout)…

BUT, if Pence does what he is legally required to do under the ECA (assuming it is binding and constitutional – that’s another story) he must open ALL the certificates AND PAPERS PURPORTING TO BE CERTIFICATES of the electoral votes.

He then could suggest a set to count (it’s been done) and I believe that Pence would be within his powers to do just that. But what if he didn’t? He doesn’t have to. He can open them both and make the Houses do the dirty work.

If the drafters of the ECA intended the VP to open only the votes certified by the governors, they would’ve said so. They were obviously not trying to be brief in their drafting.

As I’ve said before, getting wound up about the words “certificates” and “certified” is pointless. Get wound up about the words “all” and “purporting.” They were put there for a reason.

The ECA says if there is more than one return or paper “purporting” to be a return from a state,

A) If we are acting under the safe harbor: the votes for a candidate will only be counted where the two Houses acting separately shall concurrently decide is supported by the decision of the state SO AUTHORIZED BY ITS LAWS; or

B) If we are not acting under the safe harbor: the votes for a candidate will only be counted where the two Houses concurrently decide that the votes were cast by LAWFUL ELECTORS APPOINTED IN ACCORDANCE WITH THE LAWS OF THE STATE.

In either situation, the Houses must concurrently agree that the same set of votes were lawful in order for them to be counted.

I know some Senators would find it difficult to “object” to a set of votes should only one be put forth, but I think many of them would be hard-pressed to choose between the two sets of electors and say that either meets all the legal requirements needed for counting.

Think of the RINOs and weaklings, many of their states voted for Trump. They’d be voting against their state’s choice while saying obviously fraudulent votes and corrupt counting methods are “legal.”

The Senate can say neither set are lawful. They can say the republican set are lawful. They just can’t say the democratic set are lawful.

Then, the vote will be decided by our Senators and Representatives. That’s not disenfranchisement. That’s the Constitution.

That’s all that has to happen. Present both sets. Hold the Senate. Four more years.

Call and write your Senators. Call and write someone else's Senators. We must hold the Senate.