Mike Pence could have rejected electoral votes on January 6
| Mike Pence could have rejected electoral votes on January 6 | |
|---|---|
| FALSE | |
| "The vice president had the constitutional power to throw out or return electoral votes." | |
| Domain | Politics & Elections |
| Tactic | Fabrication Propaganda Technique |
| Era | Current |
| First seen | 2021 |
| Origin | Legal theories circulated by Trump allies in December 2020 and January 2021 |
| Last reviewed | 2026-11-03 |
| Further reading: books on Politics & Elections | |
The claim that Mike Pence could have rejected electoral votes on January 6 misdescribed the vice president's role in counting electoral votes.
What the evidence shows
- The role is ceremonial. The Twelfth Amendment and the Electoral Count Act give the vice president the task of opening certificates, not deciding which are valid.
- Pence declined. He said he had no authority to determine which electoral votes should be counted.
- Congress later clarified. The Electoral Count Reform Act of 2022 states explicitly that the vice president's role is ministerial.
Why it persists
The theory gave supporters a hopeful, last-minute path to a different outcome.
Lessons for readers
- A "secret power" that nobody has used in 230 years deserves strong evidence.
See also
Sources
- U.S. Constitution, Twelfth Amendment.
- Electoral Count Reform Act of 2022.