NBC News Report says “No, Pence can’t overturn the election results”

Tuesday morning, President Trump tweeted “The Vice President has the power to reject fraudulently chosen electors.”

According to a report from NBC News, this is false.

The report writes “Pence, in his role as president of the Senate, is scheduled to preside over Congress’ certification of the results of the 2020 presidential election on Wednesday, as detailed by the 12th Amendment. But he cannot intervene in the process.”

It continues “The law governing the certification process, the Electoral Count Act of 1887, specifically limits the power of the vice president precisely because a vice president had intervened in the count previously. In 1857, following James Buchanan’s win, a Senate president had overruled an objection against Wisconsin electors who had been delayed in their certification process by a snow storm in 1856.”

Trevor Potter, president of the Campaign Legal Center and a former chairman of the FEC says “One of the points of the Electoral Count Act is to constrain the vice president given this earlier episode and make it clear that he’s a presider not a decider.”

He adds “it says the vice president shall preside and he shall ensure that the certifications and votes from the states are opened and read out.”

Twitter is also now reporting in their “events” section: