TRUMPCLAIM TRACKER

TCT-E-02 · Elections

Pence had unilateral authority to return or reject electoral votes

FalseStatement: 2021-01-06Record reviewed: 2026-09-12

Statement and context

“If Mike Pence does the right thing, we win the election. He has the absolute right to do it. … Send it back to the States to recertify.” — 2021-01-06, Ellipse rally before the Capitol attack.

“If Mike Pence does the right thing, we win the election. He has the absolute right to do it. … Send it back to the States to recertify.” — 2021-01-06, Ellipse rally before the Capitol attack.

What the evidence shows

Pence’s contemporaneous letter concluded that the Constitution did not give a vice president unilateral authority to decide which electoral votes count. The vice president’s role was ministerial under the governing framework. See Pence’s January 6 letter and the bipartisan congressional reform clarifying that the presiding officer has no unilateral power, Electoral Count Reform Act summary.

False. Pence did not possess the asserted unilateral power.

Sources and attribution

Tracker research synthesis; inspect the linked evidence and research record.

  1. American Presidency Project rally transcript
  2. White House pool report
  3. Pence’s January 6 letter
  4. Electoral Count Reform Act summary

Open the research record