In the Jan. 5 memo, Ellis argued that key provisions of the Electoral Count Act — limiting Pence’s authority to affirm or reject certain electors — were likely unconstitutional. She concluded that Pence while presiding over lawmakers’ counting of electors, should simply halt the process when their alphabetical proceeding reached Arizona.
Then, she said, he should declare that the state failed to meet the legal standard for certifying its own electors and “require the final ascertainment of electors to be completed before continuing.”
