What do you think they wanted Pence to do? One of the biggest lies of the 2020 election is that they wanted Pence to declare Trump president. This is not the case. There were state legislatures that have the authority over their elections that had written letters to Pence requesting more time to review their elections. Since Jan 6th was not constitutionally set in stone, this time would've been completely lawful. Would this have changed the outcome, most likely no. But the claim that he wanted Pence to declare him the winner is a false one.
I've never said that Donald Trump wanted Mike Pence to "
declare him the winner."
Donald Trump wanted Mike Pence to decline to count the votes from electors in 7 strategically selected states, which they had lost (
Georgia, Pennsylvania, Michigan, Wisconsin, Arizona, Nevada and New Mexico), during the formal certification of the electoral college vote on January 6, 2021.
Following the logic of this "
alternate elector" theory, those uncounted electoral college votes would then be sent back to the Republican-controlled state legislatures in those 7 states, and those state legislatures could then appoint a different slate of electors (
the so-called alternate electors), who would in turn vote for the ticket of Trump/Pence, which would put them over 270 electoral college votes. Mike Pence would then count the votes from these new slates of electors appointed by Republican state legislators. Thus, as the theory goes, Trump/Pence would remain in office.
However, there is
NOTHING in either the United States Constitution or Federal Election Commission law which provides for any of this. The Vice President's role in the formal certification of the electoral college vote does not grant him/her the discretionary authority to decline to count votes from electors, who had already been legally chosen by their state legislatures in accordance with FEC law, based on the outcome of the popular vote in their respective states.
The role of the Vice President, during the formal certification of the electoral college vote, is strictly that of procedural formality. The Vice President is not anointed the discretionary authority to count, or decline to count electoral votes. The Vice President simply calls all of the electoral college votes into roll before the United States Congress.
If such an "
alternate elector" scheme was legally viable, it would present a colossal conflict of interest for the Vice President, who is frequently also a candidate on the ballot. It makes no sense that this would be possible under a democratic system of elections. This marked a very clear attempt by Trump and his supporters to subvert democracy.