Fact Check: No, the Vice President Cannot Overturn an Election

In a January 30 statement, Donald Trump claimed that the recent bipartisan effort to amend the Electoral Count Act of 1887 is evidence that former Vice President Mike Pence had the power to overturn the results of the 2020 presidential election. 

This is a false claim. 

In Trump’s words: “If the Vice President (Mike Pence) had ‘absolutely no right’ to change the Presidential Election results in the Senate, despite fraud and many other irregularities, how come the Democrats and RINO Republicans, like Wacky Susan Collins, are desperately trying to pass legislation that will not allow the Vice President to change the results of the election? Actually, what they are saying, is that Mike Pence did have the right to change the outcome, and they now want to take that right away. Unfortunately, he didn’t exercise that power, he could have overturned the Election!”

First, some context on the Electoral Count Act of 1887, which we noted in a previous fact check details the process of counting electoral votes in Congress and does not grant the vice president the power to overturn the results of an election. 

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