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2020 Trump campaign attorney says Pence may ask state lawmakers to decide election

Jenna Ellis, a member of President Donald Trump’s legal team, speaks during a news conference at the Republican National Committee headquarters, Thursday Nov. 19, 2020, in Washington. (AP Photo/Jacquelyn Martin)

OAN Newsroom
UPDATED 8:27 AM PT – Tuesday, January 5, 2021

According to Trump campaign attorney Jenna Ellis, Vice President Mike Pence can overturn fraudulent election results without setting a bad precedent.

“He (Pence) can ask that question to the states and say, ‘well, state legislators, you know, I have an oath to the Constitution to uphold the Constitution as written in Article II Section 1.2,” explained the attorney. “Which says the state legislatures direct the manner in which electoral delegates are selected.”

Ellis pointed out that several key states have competing slates of electors and only state lawmakers can decide which one of them casts votes for U.S. president. She added, if Pence asks state legislatures that question then he would avoid exercising discretion or establishing new precedent.

“That’s actually returning the authority to the constitutionally vested entity and just simply directing that question, I think would then require a response from these very timid, to put it lightly, state legislators that haven’t been willing to act,” the attorney continued. “And it would, in fact, then give a very clean outcome to this election.”

Ellis added, Pence could give state lawmakers the deadline of January 17 to appoint electors and then Congress would have two days to finalize election results before the inauguration.

MORE NEWS: Top administration officials hold Zoom conference to discuss election fraud investigation

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