@RepThomasMassie I am a huge supporter of yours but the notion that Congress should sit this one out isn't correct. Adams and Jefferson discussed making decisions on how to count ballots 1796 & 1800. ECA is unconstitutional. In event of no ascertainable majority House elects iaw 12th Amendment.
Courts didn't want to do their duty to settle controversies? Fine. Congress must but not through invoking the ECA. That creates a new unconstitutional way of electing President. Instead support the House election method iaw w/ the 12th A. when the time comes. Thanks.
People will say, "but Biden will have majority."
No, he doesn't. AZ, NV, WI, MI, PA, and GA are ALL in question. Subtract those as being indeterminable due to fraud and/or Constitutional election law violations and you're left with Trump winning.
BUT.....
There isn't a mechanism for excluding states totally from the process so every reasonable step should be take to ensure they are all able, in one way or another, to have their due input. That way in this situation is by having the House elect iaw the 12th Amendment.
So...
Instead of Pence just excluding ballots & declaring Trump winner he should exclude the controversial ballots & then send the election to the House, explaining it's the fair option in view of the circumstances instead of just handing Trump a victory while excluding several states.