We are entering the waters of the U.S. Constitution that have not been navigated since the 19th century. The Constitution gave Congress the final say in the electoral College vote for the U.S. President, and it gave the President of the Senate, who is also the Vice-President, the discretion to accept the electors, choose contesting electors, or reject the electors of contested states. These provisions were put into the Constitution by the framers as a safeguard for unusual, or abnormal situations, exactly as is happening now.

In this respect, a key development in the fight over the vote fraud, and installing the legitimately elected President Donald J Trump, is now centering on the Vice-President Mike Pence. According to the Constitution, the President of the U.S. Senate, Mike Pence, has the discretion to do one of three things. He can accept the electors of the contested states sent by the governors. He can accept the Republican electors from those states. Or, he can refuse to read the electors from the contested states. If Pence refuses to read the electors from the contested states, then the election for President goes into the House of Representatives, for lack of the 270 electors requirement, where each state has one vote. If he reads the Republican electors, Trump wins, but the Democrats will challenge. Their challenge must pass in both houses. The vote in the House on this is not by state, and the Democrat challenge will most likely pass there. In the Senate, one or two Republicans, depending on the outcome of the Georgia elections, could give it to Biden, thus sustaining the challenge. If Pence reads the electors sent by the governors, the Republicans will challenge, and most likely lose their challenge in the House of Representatives. If Mike Pence does not read the electors certified by the Governors, he will be going against an unconstitutional law passed in 1887, which says he can;t do that. So the question of the Constitutionality of that 1887 law, will in that case, most likely go to the Supreme Court. The constitutionality of the 1887 law is the issue being raised by Congressman Gohmert in his suit against Vice President Mike Pence, which is not against Pence, but to clear the way for Pence to have that discretion.